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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70305
Experience:  Over 5 years in practice
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I was interested in the post about a recording being used as

Resolved Question:

I was interested in the post about a recording being used as evidence in a court. I was involved in a court hearing where I submitted recorded evidence of my daughter making a disclosure of abuse. The fact that we (my parents) had recorded her was criticised and I have been told - no more recording in future, if my daughter makes any further allegations. Because we are not professionals. However, everywhere I go, everything I read.... when it's to do with evidence, if there is a photo or a recording it is evidence, and if there is no such thing, there is no evidence. So I feel very unsure now about what to do in future, should, say, my daughter say something that worries me or if my abusive ex was to turn up at the door etc etc. Why was it seen as so terrible that my parents decided to video my daughter making a disclosure do you think? I was told by a QC that everything would have been a lot better for us if we had not recorded her.
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.
the issue there was different. That was about contamination of evidence. The reason that wasn't admissible is just an evidential one. She was a crown witness. She hadn't been given the lies direction etc.
The video may have been considered recent complaint maybe. It would not have been inadmissible. It just wouldn't have stood as her evidence in chief.
I suppose the reason that you were given that advice may have been that there was a concern that you were coaching her. Difficult to say.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I think you're right. It was in fact 'found' by the Judge that I did not do such a thing, but I think it did complicate things. No, no need for clarification at this moment thank you. Are you a family barrister, as, if so, I may refer back to you in the future. Many thanks.

Expert:  Jo C. replied 2 years ago.
No, coaching is pretty rare. But it might have contaminated evidence.
No, I do crime and general civil.
We do have family lawyers though.
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