About Eric Frank Expertise Ex police detective with 15 years recent experience in the criminal law. Can assist with questions as to how it affects victims and persons suspected of crime. Can also assist as to whether a criminal prosecution is the best or most effective method to pursue. Experienced in Criminal court procedure.
Please note: 99% of the questions I am asked result in the same answer: GET A LAWYER. Trust me on this, if I was in danger of losing my liberty, I would not be looking for advice on the internet, I would GET A LAWYER!
Expert: Eric Frank Date: 3/9/2004 Subject: Electronic surveillance
Question why is electronic surveillance inadmissable as evidence in the uk?
Answer From your question, I assume that you are referring to the use of what are commonly called 'telephone taps'. The reason for why they are still not admissible evidence in the UK is a historic anomaly.When the technology to obtain wiretaps was first developed, it was (and still is I believe) covered under the official secrets act, as it was designed for use in matters of national security. As such, no use could be made of the information concerned without revealing the existence of the tap, thus it could not be tested under cross examination. In fact, it was (and still is) forbidden for anyone, including lawyers to even mention the existence of a tap in open court. Additionally, it was not possible to prove, to the standard required in court, that the person speaking on the phone was the same person in court.This lead to the exclusion of the information from the 'rules of evidence'. Nowadays of course, this is not the case, as technology such as voice-printing etc has advanced. As for other electronic surveillance evidence such as video, photography, computer records etc, providing that the evidence is obtained correctly, and is relevant, there is no barrier to its use in court. This excludes any evidence or information obtained under the aegis of National Security.
Interstingly, evidence obtained from a UK wiretap is admissible in proceedings in other countries as is any information obtained from foreign wiretaps in the UK courts.
