Are tape recordings of face to face conversations lawful and admissable under uk law?

Question

If you have no independant third party to witness a conversation may you covertly tape record it and use it as evidence in any later court proceedings (under UK law). Is this legal?

Answer 1

So many amateur lawyers, all incorrect!

Providing one side of a conversation knows the conversation is being recorded then yes it is admissible in evidence, it would be for the court to decide what weight to attach to the records!

This only applies to face-to-face, telephone recording can only be done where all parties know it is being recorded (Telecom's Act).

Answer 2

1

Answer 3

In most cases they are as long as it is a recording of a conversation that you were part of, However recordings are generally inadmissible if they do not fall into the category above.
There is conflicting authority on this though.

Police and associated forces must get permission from the Home Secretary to make such recordings otherwise they would be in contravention of the Police and Criminal Evidence Act 1984.

As a private individual you are not bound by the same boundaries as the police.

Answer 4

You must have notified them that you were recording the conversation and they must have agreed. If you have told them that you are recording the conversation and they continue to talk, this is the same as giving consent. If they have not agreed or you have not told them, they are entitled to take you to court under data protection. They will automatically win and you can be fined up to £20,000. That's why you get the recorded message when you call companies saying "this call may be recorded ......" If you have had their permission to record the conversation, the recording is admissible as evidence in a court of law.

Answer 5

I think it can be but...there are probably serious restrictions on admissability. For instance if you record a phone call - you could have (technically) broken a law if done covertly. Conversation would need to also some how be authenticated and validated and any resulting transcription to be accepted by both parties e.g. defence / prosecution - best advice check with a lawyer or if can't afford try Citizens Advice Bureau as first port of call

Answer 6

No -only if you have a court order to get the recording (only police and Mi5 get those) as with today's tech you can almost make a perfect simulation of the other persons voice with PC software

and to make matters worse if there agree to the recording it still cant be used in court

there was a case where a uni tutor took 5 students to court because they recorded his lesson and used all the info in the lesson to do a paper only to find the info the tutor gave was old info and the students try-ed to sue him but he broke no law and they did and he won his case and got a good sum of money

Answer 7

Only admissable if the person(s) being recorded gives consent; hence why you phone a call centre and they advise you that the call is being recorded (for training purposes).

Otherwise I think its illegal according to some old telecommunications law and therefore inadmissable in a court of law.

Answer 8

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Answer 9

It certainly can't be used as evidence. Under UK law, it is illegal to record somebody without making them aware of it. So your illegal recording cannot be used as evidence in law.
That's why you see CCTV signs everywhere (by reading it you consent to be filmed).
If police use video or audio recordings to catch a criminal, they must first apply to the court for a warrant (like needing a warrant to search a premises).

Answer 10

The Law is like anything else in the modern world, it changes to who is pulling the strings, who is paying the money, who is doing the crime & how big the crime is? It would be said such tape recordings could be used as evidence.