DICTAPHONE DILEMA IN COURT!

[Bankonmyansa]

Can anyone advise: When in a meeting with health professionals regarding a personal issue, do you have to inform them that you are taping the conversation and can it be used as evidence in a court of law without their knowledge?. Thanks in advance :) x

[robbo966]

If you record a conversation you must tell the other person that you are doing it, if you don't then you will be breaking the law.

[robbo966]

Therefore any such recording made without consent can only be listened to by the two parties involved in the conversation, and no-one else. So it would be no good in court.

[Bankonmyansa]

Thanks for that Robbo, so, if after the event you tell them that you have taped the conversation is this still considered as breaking the law?

[hc4361]

That is simply not true. You are perfectly entitled to record any conversation between yourself and another person, whether face to face or over the phone.
It is a tricky matter as to whether or not the recording would be admissible as evidence in court, but it is probable the court would allow a recording made by the individual when the other party is 'officialdom'.
http://www.newbusines...cording-conversations

[robbo966]

No, so long as you don't let anyone else listen to it or use it against them.

[Buenchico]

There's no law against covertly taping conversations. (I do it frequently, even in shops and pubs). The only time that the law obliges you to tell someone that you're taping a conversation is when it's a phone call.

There is a misconception that courts won't accept tape recordings as evidence. They can do so, at the the discretion of the judge, but any evidence put before a court must always be open to challenge, so a tape recording couldn't be used without the knowledge of everyone involved in the case.

Chris

[hc4361]

The courts have allowed covert recordings to be used as evidence.

[hc4361]

Chris, you don't need to tell anyone you are recording a telephone conversation.

[hc4361]

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.

Do I have to let people know that I intend to record their telephone conversations with me?

No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.

http://www.retellreco....co.uk/legal/home.htm

[Bankonmyansa]

Guys, thank you soooo much for all your help, what little stars you are......I haven't taped this conversation lol, but you have been absolutely fab in helping me once again. I feel like the answer bank is a big cupboard full of people in my home and when I need to know something I just open the door and there everybody is!!! Thank you once again for all your help :) x

[Twenty20]

Ok, I've sat here for a while now just trying to think why anyone would want to covertly tape conversations in shops and pubs. So, I'll ask. Why?

[Gmcd01]

I asked before on a different thread Twenty20, but he didn't answer...

[hc4361]

I would record a conversation in a shop if I were buying an item for a particular reason. If the salesperson tells me that item is perfect for the purpose I have in mind, I have recourse under the SOGA if it isn't, even if it fit for general purpose and as described.
You can be pretty sure observant comedians such as Peter Kaye record convos in pubs and on public transport for character / situation research.