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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 5842
Experience:  English solicitor with over 12 years experience
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Is it legal to record someone in your own home without their

Customer Question

Is it legal to record someone in your own home without their consent and to then submit that as evidence in small claims court?
JA: Where are they? It matters because laws vary by location.
Customer: South Wales
JA: What steps have they taken so far?
Customer: That doesn't apply
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just my question
Submitted: 9 days ago.
Category: Law
Expert:  UKSolicitorJA replied 9 days ago.

Hello,

Yes, there is no law that makes this illegal. However, the court may or may not admit the recording as evidence in court.

May I help further?

Customer: replied 9 days ago.
Thanks. Another question... my ex partner claims I stole her possessions when I removed myself from our mortgage. Some of the items I was supposed to have stolen (I didn't) were actually given to me by her father. How is that likely to play out in small claims court? I don't want to incriminate myself by saying he gave them to me for him to then deny it. My mother was witness to him saying I could have them.
Expert:  UKSolicitorJA replied 9 days ago.

Theft is a criminal offence and the burden of proof is beyond reasonable doubt.

The prosecution would need to prove beyond reasonable doubt that you stole the items, if they were given to you as you say, they would not be able to prove beyond reasonable doubt that you stole them.

Section 1(1) of the Theft Act 1968 states that: ‘A person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it.’

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