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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70520
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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What is the relevance of that to the case?

Customer: replied 1 year ago.
Hi Jo. None.
Customer: replied 1 year ago.
I am guessing that if it was it complicates matters?
Expert:  Jo C. replied 1 year 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 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
Hi Jo. Thank you for your help with this.It has cleared it up for me. Much appreciated.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

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