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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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Does the common law duty of confidentiality exist in

Resolved Question:

Does the common law duty of confidentiality exist in relation to something that i have seen? I.e. I am a volunteer appropriate adult in a police station, volunteering with an external agency. I see a suspect who i am there for take some money from his sock and place it in his pocket. He obviously wasn't searched properly. I don't whether i should inform the custody officer.
Any help that you can offer would be appreciated.
Thank you
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

What is the relevance of that to the case?

Customer: replied 10 months ago.
Hi Jo. None.
Customer: replied 10 months ago.
I am guessing that if it was it complicates matters?
Expert:  Jo C. replied 10 months ago.

It just means their search procedures weren't done properly.

You do not have a legal duty of confidentiality. You need to check the terms of your contract with your employer. Even if voluntary you would still have a duty to them. I know that an appropriate adult does owe a different duty of confidentiality to a solicitor which is why I always use to remove them from consultations when I did that job.

Expert:  Jo C. replied 10 months ago.

You have no legal duty to inform the police in this instance though or, in fact, at all. Nobody is under any duty to report anything.

Expert:  Jo C. replied 10 months ago.

This is an ethical issue rather than a legal one though.

Customer: replied 10 months ago.
Hi Jo. Thank you for your help with this.It has cleared it up for me. Much appreciated.
Expert:  Jo C. replied 10 months ago.

No problem.

All the best.

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