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Video/Voice Evidence

  • 16-12-2009 12:59pm
    #1
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭


    This is a what if situation

    I record alot of converstations for work for records and what not. I usually record what has been said. Play it back and do up notes and thats it.

    A fraid has told me that he record all converations with people in authoirty.

    If I this was done with a gardai could it be used in court for example as statement?

    Could this be used where you get pulled over given a warning but later received a summons?

    Could it be used if there was an issue of wheter or not you had your rights read?

    Or at a road side accident where one party retracts a statement made at the side of the road?


Comments

  • #2
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    godtabh wrote: »
    This is a what if situation

    I record alot of converstations for work for records and what not. I usually record what has been said. Play it back and do up notes and thats it.

    A fraid has told me that he record all converations with people in authoirty.

    If I this was done with a gardai could it be used in court for example as statement?

    Could this be used where you get pulled over given a warning but later received a summons?

    Could it be used if there was an issue of wheter or not you had your rights read?

    Or at a road side accident where one party retracts a statement made at the side of the road?

    Yes to all at the instance of a private person accused of an offence or who is a party to civil action.

    That doesn't mean that where a conversation was recorded in breach of a person's right to privacy the act of recording is not actionable at that person's instance.

    As an evidential matter however a prosecuting authority in a criminal matter will not generally be permitted to rely upon evidence procured in breach of constitutional rights unless the breach was unintentional or there are extraordinary excusing circumstances.


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