Recordings of children – can they be used in court?

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Kyra Witting asked a question: Recordings of children – can they be used in court?
Asked By: Kyra Witting
Date created: Sat, Jan 9, 2021 7:15 PM
Date updated: Thu, Oct 6, 2022 5:10 AM

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Top best answers to the question «Recordings of children – can they be used in court»

Covert recordings can be admissible as evidence, but the Judge's permission is required, and it is often argued that they should be rarely allowed. In Children Act proceedings, they may be admitted as evidence if they help a consideration of a child's welfare… Recordings can be viewed in a negative light by the court.

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The answer for a 16-year-old may well be different than for a 6-year-old. So, making a recording of your child doesn’t necessarily mean you can use it in court or that a recording made by your ex can be used in court against you. Moreover, if a recording of a minor is inadmissible in evidence, the person who made it may be guilty of illegal ...

Yes. Recordings can be viewed in a negative light by the court. In M v F (covert recording of children) [2016] EWFC 29, a father made recordings by sewing devices into the lining of his child’s clothing to try and find out what was being said in meetings between the child and her social worker.

Covert recordings of children should rarely, if ever, be admitted as evidence, according to section 13 (4) of the Children and Families Act 2014. A recording may be relied on in evidence if the court gives permission; An application for permission should be made on form C2;

The legal question presented to the court was whether a parent can consent to a recording on behalf of their child when they suspect a crime is being committed. In other words, can parents use a nanny cam and then admit the audio or video recording into court? The Fifth District Court of Appeal in California said yes.

Diana Bryant is the Chief Justice of the Family Court of Australia. She says that despite the legal hurdles, secretly recorded video and audio is making its way into the Family Court.

There is no clear answer in this area of law, but the basic principles of obtaining consent for recordings is one that everyone should follow the guidance and if you haven’t and want to rely on it, yes you probably can, but be aware of the risks involved.

There are times when the police can obtain covert audio or film recordings, but they must have a listening device or surveillance warrant before conducting such an activity. So while the recording is covert, if a warrant has been issued, it is not an illegal recording and the evidence can be used in court.

Using Secret Recordings in Court. In most custody cases that involve the recording of the other parent, even if made lawfully, the tapes end up not being used in court. In addition to the previously mentioned issue, that the court may view the recording parent as manipulative, other factors include:

Crucially, there is an exception to the rule of eavesdropping held by the New York court. According to the highest court in the State, a parent should be allowed to eavesdrop on a young child if they reasonably believe that doing so is in the best interests of the child to protect them from harm. This is a fine line, however.

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