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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Is CCTV admissible if the time on it is incorrect?

Resolved Question:

Is CCTV admissible if the time on it is incorrect?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Is the time of the incident directly relevant?

Expert:  Ben Jones replied 10 months ago.

Also how long have you worked there for?

Customer: replied 10 months ago.
Possibly not
Customer: replied 10 months ago.
20 plus years.
Customer: replied 10 months ago.
An allegation was made about me. The cctv was watched in slow motion which I read can distort the perceived intention. It was also the wrong time though no time was specified in the allegation
Expert:  Ben Jones replied 10 months ago.

Sorry my connection dropped earlier. It is possible for CCTV footage to be admissible as evidence even if the time on it is incorrect. This is just an employment setting, not a criminal court of law, where the requirements may be stricter. Employment law does not have the same strict requirements as criminal law. An employer is only required to show that the investigation they have conducted is reasonable and if there is evidence which shows that something may have happened to make an employee guilty, such as CCTV, the timing will not really be relevant unless it puts the whole allegations into question.

Let me give you an example. If the allegation is one of assault, then the important thing is that someone was assaulted and the timing is largely irrelevant. However, lets say this was a forecourt garage which required employees to lock the doors after a certain time and only serve customers through the hatch. The timing will be important when considering the allegations and the guilt of someone so it would be more likely that such evidence can be challenged.

This is your basic legal position. I have more detailed advice for you in terms of how your length of service will also affect your rights, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 10 months ago.
Thanks. What about cctv that is not continuous ie only a few frames a second? What if it is only shown at a slower rate than it was filmed at ? You can't see the motion of my hand where it is alleged I pushed a child. I think I just guided him to his seat
Expert:  Ben Jones replied 10 months ago.

there is certainly nothing in law in relation to that. Nothing that says frame by frame footage is less acceptable than continuous footage. So the employer will have to decide what is acceptable evidence and whether it reasonable to use ot. If the footage does not provide concrete evidence then they should back it up with additional evidence, such as witnesses. Hope this clarifies?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
thanks!
Expert:  Ben Jones replied 10 months ago.

You are welcome