Can voice recordings be used in court?
- Introduction
- Am I legally allowed to record conversations?
- Who can I record?
- How do I get the court to listen to recordings?
- What you can do to increase the chances of the court playing your recordings?
- Will the other side object to my recordings?
- Can voice recordings be used in court? A Conclusion
Introduction
Can voice recordings be used in court? It’s an extremely popular question people going through the family court want to know the answer to.
Good evidence can swing a case in your favour. So if you have something that backs up what you’re saying in court and it’s your ex partner’s words (or actions if you’ve got video evidence) who could dispute that, eh?
Of course you’re going to want to use it.
It could be the smoking gun. Straight from the horse’s mouth. You’ll look silly if you deny saying something that the court has recorded you saying.
Like much in the family court system though, something that seems simple and obvious at first sight is once you have a look at it a bit more complicated. Who knows – the right recording (or transcript) could shorten the length of your case.
In this post I am going to tell you when you can record a conversation, what you can do with it and when you’re allowed to use it in a court hearing. I’m also going to tell you if you should use it. This applies to video recording too.
As always, I am specifically referring to England and Wales. If you’re elsewhere you need to assume that what I’m saying is completely incorrect!
NB – if you’re looking for info on transcripts for court hearings this is where you need to go.
Am I legally allowed to record conversations?
If you’re not working on behalf of an organisation and making recordings for personal use the answer is yes:
- You can legally record conversations.
- You do not need the permission of anyone else in the conversation.
- You do not need to tell them you are doing so either.
Most of the laws about recording conversations apply to organisations or people acting on behalf of them. It’s different when it comes to individuals.
If you want bedtime reading on all this, check out the Regulation of Investigatory Powers Act 2000 (RIPA).
That’s one reason businesses play automated messages when you call. They say your conversation ‘may be recorded for training or security purposes.’ The law requires businesses to tell you if they’re recording. They break the law if they record you without telling you.
I suspect much of the misunderstanding about this in the UK comes from people hearing things about what the rules are in other countries.
States in the USA have rules that differ from what happens in the UK as well as each other.
States such as California, Floriua, Oregon and New Hampshire require the consent of all parties (referred to as `Two-Party Consent States). Others including Nevada, Colorado and Maine are `One-party consent states’ where only one party needs to know. To complicate matters these rules may differ on how communication is taking place too.
If you’re in England or Wales, the law permits you to record someone without their knowledge or consent. You can do this as long as it’s for personal reasons and you’re not acting on behalf of an organisation.
Who can I record?
As an individual, almost anyone. This includes your ex partner, CAFCASS, social workers, etc.
Remember though – they may be extremely unhappy if you ask or tell them they are recording. To the extent they will say you are not pemitted to record them without their permission or else refuse to speak to you and/or cancel the meeting you’re in.
This can potentially have an adverse affect on the outcome of any reports, etc. they are making so it is important to weigh up whether you think making a recording is worth the risk of this happening.
Exceptions to this include anything said in a mediation or counselling sessions or a court hearing (do this in the latter and you risk imprisonment for contempt of court).
How do I get the court to listen to recordings?
If you bring your mobile phone or another recording device to a child-related hearing and say to the judge or magistrates, ‘You REALLY need to hear this!’, there’s a good chance they will tell you that you can’t play it.
There are a few different reasons this may happen:
- You need the court’s permission to submit recordings as evidence. To get that permission you will have to either submit a C2 form (for child proceedings) or else a D11 (for financial matters following divorce).
- There isn’t enough time to go through it.
- You tried to introduce evidence at a hearing that isn’t considering any. In child matters this includes hearings such as directions or review hearings. The court won’t consider any evidence at hearings like this—audio, video, or anything else.
- You haven’t submitted it with a `statement of truth‘ – meaning you have sworn that what you are presenting to the court is truthful.
- A combination of the above.
Don’t get me wrong.
If you walk into court with a mobile phone and ask the court to listen to it, it may do so. But there are no guarantees and it is less likely to happen if you do what you can to maximise your chances.
💬 Still not sure if you can use that voice recording in court? Book your Ask Me Anything Call for just £125 + VAT and get expert, practical advice.
What you can do to increase the chances of the court playing your recordings
You can take a few steps to increase your chances of getting those recordings admitted. Do the following:
- Gain permission by completing a C2 or D11 form (see above!)
- Submit it an appropriate hearing (again – see above!)
- Transcribe the recording and attach it to a witness statement (which has a `statement of truth’ on it).
Ah. Transcriptions.
They can be a trump card. If you have a recording, listen to it. You should write down what was said. Write down what happened. Even better – add timestamps to the document you put together. Doing this means you may be able to side step some of the objections you may face.
Alternatively? You may side step much of the above by quoting some of things said in the recording and noting in the statement they’re in that you have a recording.
Will the other side object to my recordings?
Probably!
If you ask them `Can voice recordings be used in court?’ you’re going to get a straight `no’. The judge will most likely tell you that too. And they’re right. Most of the time.
Especially if they feel it is going to weaken your case and strengthen yours. If your ex partner has a solicitor, expect them to come up with a raft of reasons to justify why the court shouldn’t consider them.
Things they may say to try to convince a court will include:
- You didn’t seek their client’s permission.
- It’s rare for courts to consider video or audio evidence.
- It indicates your hostility towards their client.
- It shows you’re not focusing on the child.
- You didn’t seek the court’s permission to play the recordings.
- There isn’t enough time to listen to them.
- It’s out of context (i.e. you only submit stuff that makes you good, their client look bad and/or you have provoked their client).
- It shows the court can’t trust the transcripts you submit if you don’t have the recordings available when the court wants to listen to them.
Courts sometimes accept these arguments. They may even tell litigants not to make recordings in the future.
Stay calm and don’t let any of this alarm you. But be aware there may be objections!
Can voice recordings be used in court? A Conclusion
Like everything else in the legal sphere there’s no `one size fits all’ answer to the question you’re probably answering. It could be that `killer piece of evidence’ you have in your arsenal doesn’t quite cut it when it comes to your case or isn’t relevant in the way you think it is. It could be that it’s not worth the risk or the court will be hostile towards you doing this.
A good thing about recordings though? If you know you’re making them you’re more likely to moderate your own behaviour and words. And even more – it gives you an accurate, time-stamped record of what actually happened meaning that even if those recordings never see the light of day in court they are a great way of helping you when it comes to understanding what actually went on.
Anyway…I hope this helps. It’s important to realise that there is more than one area of law at work here. As well as the family law side – the bit you’re almost certainly reading this post for – it is relevant to UK privacy laws. These two areas of law impact, which seems to be the cause of confusion for many people.
That’s where we come in. We specialise in these scenarios, so we’re in a strong position to give you straight answers to straight questions. To speak to one of our experts, all you need do is book online one of Ask Me Anything sessions – you can check our availability and reserve your slot on this website.
Speak soon!
