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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice
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Alex in a shared house in London are five girls 25-30.1

Customer Question

Hello Alex in a shared house in London are five girls 25-30.1 girl who had been living there 5 years "R"and another one 2 years "A"were lovers and broke up 6 months ago.But,they remained in the same house and the friendship became very heated and angry as can happen between ex-lovers.Unbeknown to "R" "A" had complaining to the landlady who lived elsewhere about "R".The landlady sent "R" a warning email of 1 months eviction probation.Exactly 1 month later the landlady sent "R" a notice of eviction."R" was naturally very upset with "A" who was behind it and 6 days later they had a huge row with "R" very very upset at the thought that "A" was causing her to be evicted from her home of 5 years."R" in temper said to "A" "I'll kill you before I leave this house" and then went to a local park to get away from the house.When she returned the police had been looking for her so "R" went to the local police station where she was arrested for threat to kill and several months later has been charged by the CPS with "harassment without violence" ,had a hearing and is now due to be tried in the magistrates court in April.Also her bail condition was not to communicate with "A" in any way and she had to leave her home and live elsewhere.Question:-as "A" recorded on her phone what "R" said without her knowledge and at the instigation and under the direction of the landlady was it not illegal to make this recording in the first place and could it be used as evidence in court?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi. It isn't illegal to make a recording without consent. The reason large companies have to inform people they are doing it is that they are data controllers under the DPA.
Expert:  Jo C. replied 2 years ago.
A private individual is not and so is not affected by the DPA. Unfortunately such a recording could be used in the course of a criminal case. I am a criminal practitioner and covert recordings are always being introduced in evidence I'm afraid.
Expert:  Jo C. replied 2 years ago.
Sorry if that is bad news.Can I clarify anything for you?Jo