VIC Are face to face voice recordings admitted as evidence?

Discussion in 'Australian Law Students Forum' started by Andjusticeforall, 8 May 2018.

  1. Andjusticeforall

    Joined:
    8 May 2018
    Messages:
    2
    Likes Received:
    0
    Hi everyone.
    Can someone use a smartphone to record an in-person conversation without the other party being aware that their voice is being recorded, and use the materials of this recording as evisence? If it's not lawful then what are the possible exceptions? I know someone who explicitly admits that they have done too many acts of falsification and dishonesty and say I can't get caught because I will simply deny it due to the lack of solid evidences. I thought using this method to turn them in.
     
  2. Rod

    Rod Well-Known Member
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    5,193
    Likes Received:
    734
    In Victoria, yes as long as you are looking after your own legal interests. Doesn't apply if you are doing it for other reasons and doesn't apply in all states.

    Whether you achieve your purpose is another point altogether. The court may still has discretionary power to refuse to look at the evidence, or admit the evidence and give it no weight.

    You may be able to get consent from the police to do it in certain circumstances.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Andjusticeforall likes this.
  3. Tim W

    Tim W Lawyer
    LawTap Verified

    Joined:
    28 April 2014
    Messages:
    2,758
    Likes Received:
    596
    The law around making recordings is complex,
    and it is easy to commit offences while doing so
    (quite apart from the myriad reasons why a recording
    might not be admitted as evidence).

    We have answered questions on this topic several times here.
    You may find an archive search helpful.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  4. Andjusticeforall

    Joined:
    8 May 2018
    Messages:
    2
    Likes Received:
    0
    Thanks heaps
     
  5. Cobra1972

    Cobra1972 Well-Known Member

    Joined:
    3 June 2018
    Messages:
    39
    Likes Received:
    3
    The simple answer is....Yes, as long as you are party to the conversation and initiate that recording..... it is used all the time.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page

Loading...
gt;