SMS Text , is it legal?
SMS Text , is it legal?
Author
Discussion

Ozone

Original Poster:

3,104 posts

216 months

Thursday 27th November 2008
quotequote all
Can anyone tell me if an SMS text can be used as a legal document or evidence in court?

Zod

35,295 posts

287 months

Thursday 27th November 2008
quotequote all
Depends on the purpose. Not to convey a house, but it could be evidence in other cases.

satchbot

1,916 posts

225 months

Thursday 27th November 2008
quotequote all
They can be used as evidence though proving who had access to the phone at the time the text was sent can be tricky.

10 Pence Short

32,880 posts

246 months

Thursday 27th November 2008
quotequote all
Ozone said:
Can anyone tell me if an SMS text can be used as a legal document or evidence in court?
Yes. They have been used in prosecutions under the Malicious Communications Act before.

paoloh

8,617 posts

233 months

Thursday 27th November 2008
quotequote all
Ozone said:
Can anyone tell me if an SMS text can be used as a legal document or evidence in court?
We now need to know more

Ozone

Original Poster:

3,104 posts

216 months

Thursday 27th November 2008
quotequote all
satchbot said:
They can be used as evidence though proving who had access to the phone at the time the text was sent can be tricky.
Very good point. What about proving that the text actually came from the phone if it is logged against a name in the recieving phone? (if you see what i mean)

PS It's not malicious.

Edited by Ozone on Thursday 27th November 12:25

satchbot

1,916 posts

225 months

Thursday 27th November 2008
quotequote all
The query would need to be lodged with the service provider to show the route of the message.

HTH

Mattt

16,664 posts

247 months

Thursday 27th November 2008
quotequote all
You didn't win the Lotus either then?

Ozone

Original Poster:

3,104 posts

216 months

Thursday 27th November 2008
quotequote all
satchbot said:
The query would need to be lodged with the service provider to show the route of the message.

HTH
Yes, thanks.

Would only the courts have the power to make that request?

anonymous-user

83 months

Thursday 27th November 2008
quotequote all
Ozone said:
satchbot said:
They can be used as evidence though proving who had access to the phone at the time the text was sent can be tricky.
Very good point. What about proving that the text actually came from the phone if it is logged against a name in the recieving phone? (if you see what i mean)

PS It's not malicious.

Edited by Ozone on Thursday 27th November 12:25
I've heard ladyboytextrentals can be quite litigious wink

Ozone

Original Poster:

3,104 posts

216 months

Thursday 27th November 2008
quotequote all
Mattt said:
You didn't win the Lotus either then?
Didn't know about that !!! Missed out there.....rolleyes

Mx_Stu

837 posts

252 months

Thursday 27th November 2008
quotequote all
Not sure on the legality of it, but I was on jury duty a couple of years ago and as part of the evidence one of the sides produced a list of all the text messages between two phones over about 9 months... time, date and content.

10 Pence Short

32,880 posts

246 months

Thursday 27th November 2008
quotequote all
The Police can get access to phone records, I'm not sure if this extends to civil cases?

satchbot

1,916 posts

225 months

Thursday 27th November 2008
quotequote all
Ozone said:
satchbot said:
The query would need to be lodged with the service provider to show the route of the message.

HTH
Yes, thanks.

Would only the courts have the power to make that request?
Solicitors and the Police can do it too.

Ozone

Original Poster:

3,104 posts

216 months

Thursday 27th November 2008
quotequote all
Mx_Stu said:
Not sure on the legality of it, but I was on jury duty a couple of years ago and as part of the evidence one of the sides produced a list of all the text messages between two phones over about 9 months... time, date and content.
So that was admissable and valid?




Ozone

Original Poster:

3,104 posts

216 months

Thursday 27th November 2008
quotequote all
satchbot said:
Ozone said:
satchbot said:
The query would need to be lodged with the service provider to show the route of the message.

HTH
Yes, thanks.

Would only the courts have the power to make that request?
Solicitors and the Police can do it too.
Solicitors can !!???

paoloh

8,617 posts

233 months

Thursday 27th November 2008
quotequote all
Ozone said:
satchbot said:
Ozone said:
satchbot said:
The query would need to be lodged with the service provider to show the route of the message.

HTH
Yes, thanks.

Would only the courts have the power to make that request?
Solicitors and the Police can do it too.
Solicitors can !!???
I wouldn't have thought so!

sadako

7,080 posts

267 months

Thursday 27th November 2008
quotequote all
Mattt said:
You didn't win the Lotus either then?
rofl

Garlick still owes me a pint over that...

Mx_Stu

837 posts

252 months

Thursday 27th November 2008
quotequote all
Ozone said:
Mx_Stu said:
Not sure on the legality of it, but I was on jury duty a couple of years ago and as part of the evidence one of the sides produced a list of all the text messages between two phones over about 9 months... time, date and content.
So that was admissable and valid?
I'm assuming for it to be shown and shared with the jury it was.