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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70702
Experience:  Over 5 years in practice
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if someone plants a video in my house, can that recording be

Resolved Question:

if someone plants a video in my house, can that recording be used in court against me?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I am asking this question on behalf of a friend. Her ex boyfriend has handed in a video to the police which shows a woman smoking joints. She has later found many bugging devices in her house which was planted by him and he has admitted to that. She has not been charged yet. So I am just curious as to if illegally obtained videos - if they are presentable in court.

Expert:  Jo C. replied 3 years ago.
Yes, they are. That is not illegally obtained anyway. It would be if the police had done this as they need lots of authorities to do that but individual citizens are free to record.
However, it is very unlikely that this will prove the offence. Unless they have seized the 'joint' and analysed it and can show it is a prohibited substance they cannot prove it.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Is there any case against invasion of privacy? can one protect against such intrusion?

Expert:  Jo C. replied 3 years ago.
You don't have a freestanding tort of privacy in the UK. There has been an attempt to make the HRA apply which has largely failed I'm afraid.
For that reason, I am sorry but there isn't any action that can be taken over this.
There are offences in filming somebody doing something really private like using a bathroom but thats not what you are describing.
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