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PostPosted: Tue Jul 20, 2010 1:10 pm 
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If you are in dispute with someone and you contact them by telephone, ask them pointed questions, tape record the conversation without informing them that you are taping it, then run to the authorities and say "listen to this"can this be legally used in evidence?


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PostPosted: Tue Jul 20, 2010 1:20 pm 
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I don't think it can. What is to say that you have not edited the tape in some way?

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PostPosted: Tue Jul 20, 2010 3:10 pm 
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The way around it is to say" that this is word for word what the person said "and hopfully the judge will say" how can you be so sure" and you say" i have a recording for my own personal use" this come from a very good solicitor :D


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PostPosted: Tue Jul 20, 2010 3:38 pm 
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I'd say no.

CC

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PostPosted: Tue Jul 20, 2010 6:26 pm 
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the thinker wrote:
If you are in dispute with someone and you contact them by telephone, ask them pointed questions, tape record the conversation without informing them that you are taping it, then run to the authorities and say "listen to this"can this be legally used in evidence?

Anything can be used in evidence, it's just the weight it would be given.

But it would need to be backed up with other evidence.

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PostPosted: Tue Jul 20, 2010 6:34 pm 
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Sussex wrote:
Anything can be used in evidence, it's just the weight it would be given.



That isn't true though. Evidence that is not collected in the correct way is inadmissable in the courts. How many people have been cleared because the evidence was inadmissable? I remember one case where the accused was taped having a conversation with his solicitor. The evidence was deemed to be inadmissable and the chap was aquitted.

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PostPosted: Tue Jul 20, 2010 6:52 pm 
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grandad wrote:
Sussex wrote:
Anything can be used in evidence, it's just the weight it would be given.



That isn't true though. Evidence that is not collected in the correct way is inadmissable in the courts. How many people have been cleared because the evidence was inadmissable? I remember one case where the accused was taped having a conversation with his solicitor. The evidence was deemed to be inadmissable and the chap was aquitted.


That is because a conversation between a solicitor and his client is privileged.

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PostPosted: Tue Jul 20, 2010 6:59 pm 
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grandad wrote:
That isn't true though. Evidence that is not collected in the correct way is inadmissable in the courts. How many people have been cleared because the evidence was inadmissable? I remember one case where the accused was taped having a conversation with his solicitor. The evidence was deemed to be inadmissable and the chap was aquitted.

So hidden CCTV is never used in court?

The News of the World have ensured dozens of folks have been jailed through hidden cameras and microphones.

Don't believe what you hear.

A court will decide for themselves if something is admissible or not.

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PostPosted: Tue Jul 20, 2010 10:26 pm 
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Sussex wrote:
grandad wrote:
That isn't true though. Evidence that is not collected in the correct way is inadmissable in the courts. How many people have been cleared because the evidence was inadmissable? I remember one case where the accused was taped having a conversation with his solicitor. The evidence was deemed to be inadmissable and the chap was aquitted.

So hidden CCTV is never used in court?

The News of the World have ensured dozens of folks have been jailed through hidden cameras and microphones.

Don't believe what you hear.

A court will decide for themselves if something is admissible or not.


That is the point sussex.

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PostPosted: Wed Jul 21, 2010 2:00 am 
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However you will all at some time or another have rung a company and a recorded voice often says words to the effect of "This conversation is being recorded", the bottom line is that they have to follow the law and cannot just tape without you knowing. It is pretty much the same if you have CCTV you have to post notices/warnings letting people know it is present, otherwise you are infringing privacy rights.

So who is right?

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PostPosted: Wed Jul 21, 2010 7:29 pm 
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cabby john wrote:
So who is right?

The judge that decides if a recorded telephone call is admissible in a criminal case.

In a civil matter they are usually allowed.

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PostPosted: Thu Jul 22, 2010 9:24 am 
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Quote:
If you are in dispute with someone and you contact them by telephone, ask them pointed questions, tape record the conversation without informing them that you are taping it, then run to the authorities and say "listen to this"can this be legally used in evidence?


Thats a tough one Alan ! Are you referring to the Mel Gibson recording ? Public opinion would suggest that the recording of him could ruin his career and future earnings !


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PostPosted: Thu Jul 22, 2010 9:28 am 
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Quote:
The judge that decides if a recorded telephone call is admissible in a criminal case.

In a civil matter they are usually allowed.


'The Thinker' does'nt say ! once again the thinker has not thought


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PostPosted: Thu Jul 22, 2010 10:43 am 
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onerebeloffour wrote:
Quote:
If you are in dispute with someone and you contact them by telephone, ask them pointed questions, tape record the conversation without informing them that you are taping it, then run to the authorities and say "listen to this"can this be legally used in evidence?


Thats a tough one Alan ! Are you referring to the Mel Gibson recording ? Public opinion would suggest that the recording of him could ruin his career and future earnings !


No, the one between a taxi driver who rented a plate and the licence holder, I am sure you know the one I mean Steve.


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PostPosted: Thu Jul 22, 2010 1:48 pm 
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[/quote]No, the one between a taxi driver who rented a plate and the licence holder, I am sure you know the one I mean Steve.
Quote:


I think you'll find thats a civil matter then !


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