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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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If someone tapes a conversation with another party - can they

Customer Question

If someone tapes a conversation with another party - can they use the taped conversation in a legal context when you had no knowledge of being taped and did not give permission.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. It is lawful for any person to tape record their own conversations with any party. This taped conversation is admissible evidence in any court case. However, it is not lawful for a person to record any conversation to which they are not a party, such as wire tapping a phone. If you are a person whose conversation has been recorded, the first question is - Was it with the person who did the recording? If it was, you cannot object to the production of this recorded conversation in court. It is admissible in court proceedings. If the recorded conversation was recorded by someone who was not a party to the recording, then they had no lawful right to record the conversation and you can successfully object to its production in court as it is illegally obtained evidence. Here the judge has a discretion whether to admit the evidence or not. Very often it depends on the context in which the recording was made and any inference sought to be drawn from it. However, most judges do not like illegally recorded conversations. But where fraud is involved many admit the evidence. If you want to provide further details, I will be happy to assist.