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Audio Recording Law

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  • Audio Recording Law

    Hello,

    The Police came to visit my son a few days ago at my home- it was plain clothes without bodycam - I started recording the conversation because the officer became really rude and confrontational (I got the officers permission even though I realise I may not need it since itís my own home).

    Anyway, my son didnít admit to anything or do anything wrong however the police officer alleged my son was not being compliant; long story short, the officer wanted to seize my phone as it had the original recording. The officer started to threaten me with arrest if I donít give her the phone and being really rude. So out of principle I said - fine arrest me but Iím not giving you my phone because the recording was for my and my sons safety. Eventually she back down and left.

    So I just wanted to know what the law is surrounding this - can she legally seize my phone as evidence of a crime even though itís just a recording for my own benefit?

    Will she most likely obtain a warrant? Can a copy of the recording be made is she insists instead of the original?

    thanks
    Tags: None

  • #2
    EDIT: Just to add some context, the Police had a legal right to visit my son at his home following a court order so I donít think I can just ban them. My question was simply can they seize an original audio recording if they believe itís useful in an investigation?

    Comment


    • #3
      I don't think they can use your recording as evidence in your son's case. Also your son would have the right to have a solicitor present during a police recorded interview.

      There are specific guidelines / protocols regarding recorded evidence.

      https://assets.publishing.service.go...sible_v0.3.pdf

      Comment


      • #4
        But donít they have some PACE power to seize anything that might be relevant to their case? For example if they allege something he said can be used as evidence?

        Whether the judge would admit the ďevidenceĒ is another issue. I was just wondering if they could use any PACE power to seize the phone purely for its audio purposes (either through arrest or a warrant).

        another thing the officer mentioned is she would arrest me father for ďobstructionĒ if he didnít hand over the phone.

        crazy!

        Comment


        • #5
          Any admissions not made under caution will not be able to be used in evidence. Why would what was said be useful in an investigation?

          Comment


          • #6
            Originally posted by islandgirl View Post
            Any admissions not made under caution will not be able to be used in evidence. Why would what was said be useful in an investigation?
            Exactly', Anyway, my son didnít admit to anything or do anything wrong however the police officer alleged my son was not being compliant'.

            If the Officers were being 'threatening / intimidating' in any aspect of their visit, raise a formal complaint.

            https://www.policeconduct.gov.uk/com...make-complaint

            Comment


            • #7
              If they want a recording and there's nothing in criminating in the video why not offer them a copy?

              They don't need to seize your phone.
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