Legal question: phone tapping
Discussion
Sometimes I do sit and wonder about the weirdest things, maybe I should get out more...
Phone tapping is illegal from what I remember (until Blunkett has his way) and I was wondering what happens in this situation: Lets say that MI5 are spying on someone for treason, they have the persons phone tapped (illegally). If the person admits to committing treason to someone else whilst on a phone call and MI5 have a recording of it, is it submissable in court?
This is hypothetical, don't worry I am in no way a terrorist
Part of me says it should be submissable because the person has owned up and is clearly a danger to the country. However, the evidence was obtained illegally.
Anyway, any of you BiB or others know?
Phone tapping is illegal from what I remember (until Blunkett has his way) and I was wondering what happens in this situation: Lets say that MI5 are spying on someone for treason, they have the persons phone tapped (illegally). If the person admits to committing treason to someone else whilst on a phone call and MI5 have a recording of it, is it submissable in court?
This is hypothetical, don't worry I am in no way a terrorist
Part of me says it should be submissable because the person has owned up and is clearly a danger to the country. However, the evidence was obtained illegally. Anyway, any of you BiB or others know?
Phone taps are legal but a warrant has to be served by the secretary of state. As far as I know they only get issued for big stuff, so if your selling xxx videos I don’t think you need to worry. I got involved in a few taps, the line is digitally tapped at the exchange and routed to a monitoring centre. It’s all official secrets act stuff and we all had to have clearance…
It makes me laugh though when you see them in the movies, guy up a pole and special stuff in the phone socket! It’s much easier than that.
It makes me laugh though when you see them in the movies, guy up a pole and special stuff in the phone socket! It’s much easier than that.
At present the product of a phone tap can not be used as evidence in a criminal court. This is not because it was obtained illegally but is a basic rule set down in statute (Regulation of Investigatory Powers Act).
Phone tapping can only be used for "back-ground" during the course of an ivestigation not put before a jury, by either side,m so even if you a a tape of the officers fitting you up you could not use it in your defence.
The fact that a call was made and where from etc is however admissable.
However, if one party to the call consents to the recording it is admissable.
As you say there are plans to change this.
So to answer your original question MI5 would not be able to use the telephone evidence against the treasonable party in court.
Phone tapping can only be used for "back-ground" during the course of an ivestigation not put before a jury, by either side,m so even if you a a tape of the officers fitting you up you could not use it in your defence.
The fact that a call was made and where from etc is however admissable.
However, if one party to the call consents to the recording it is admissable.
As you say there are plans to change this.
So to answer your original question MI5 would not be able to use the telephone evidence against the treasonable party in court.
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