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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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Can an alleged recording of a conversation be used in a uk

Customer Question

Can an alleged recording of a conversation be used in a uk civil or courty court when the person being recorded is unaware & the original recording device has been ordered by the court & is no longer working or able to play the recording?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What has happened to the original recording?
Customer: replied 2 years ago.
The aledged device is unable to play the aledged recording and is broken or in pieces but just can't play the aledged original recording.
Expert:  Jo C. replied 2 years ago.
Has the recording been downloaded into some other form?
Customer: replied 2 years ago.
It's aledged it has been extracted from the device and is on a cd and has no time, day, date, reference!
Expert:  Jo C. replied 2 years ago.
There isn't any reason that it cannot be introduced as evidence per se but obviously it has questionable value since the original can't be produced and it isn't properly exhibited.
A court might exclude it if a view is taken that it was obtained in an unconscionable way but that doesn't often happen. If it just a covert recording then it will not.
What may happen though is that the Court might well just ignore it unless there is something literally overwhelming and that can clearly be attributed to the persons concerned.
Sorry if that is bad news.
Can I clarify anything for you?
Jo