Page 6 - Microsoft Word - MJC Instructions for JNN-Q25

Operating Guide for the JNN-Q25 Voice Recorder

Continued
~ The integrity of the recording in terms completeness;

~ Any unauthorized publication, dissemination or misuse;

~ How, when and by whom the recording was made and the chain of custody
(“continuity”) from its creation to production by a competent witness; Page | 3

~ The availability and accuracy of the original unedited recording and any
accompanying written transcript or witness statement by a participating party.

It is also probable, in serious cases, that Human Rights, privacy, privilege and data
protection issues will be raised and the honesty or good faith of the producing witness and
the authenticity of a recording impeached.
Never record proceedings in court or tribunals, deliberations of a jury, or conversations
between an opponent and his or her legal advisers . Do not record conversations in HM
2
Prisons;
Do not use radio frequency devices (“bugs”) as they must be licenced.
However, if a covert recording is made with the primary objective of:

• detecting, investigating and preventing suspected crimes: it should be noted that
Section 29 of the Data Protection Act 1998 provides an exception to “fair”
3
collection and other principles;

• disclosure of confidential information, contract breaches and torts ;
4
• proving or disproving infidelity;

• ensuring the accuracy of a witness evidence

it is more likely than not that both the statement and the recording will be admissible. In
such cases, a Court may order disclosure of the recording device and forensically examined.
This makes it imperative that superfluous files are deleted from the device as a routine
procedure;
However, where litigation is likely all relevant files should be retained on the device in
exactly the state in which they were recorded. This should help disprove allegations of
tampering.
It is vital that at the earliest stages of litigation that all potentially relevant recordings are
disclosed to your legal advisers. There should be no surprises.

1.4 Producing recordings and transcripts in court
Recordings will only be accepted as “exhibits” in criminal courts when they are “produced”
by a witness with first-hand knowledge of their creation.

You can guarantee that the determination of submissions to exclude a recording and
intensity of cross-examination to discredit the witness will vary directly with its importance.
Typically, the witness will be attacked for being devious or unfair for making a covert
recording without first warning the subjects.

2 Which, in any event are likely to be privileged and inadmissible
3 This does not mean that an argument will not be advanced in court that all covert recording - by its nature and
for whatever purpose - is unlawful: merely that it is unlikely to succeed
4 Any wrongdoing for which an action for damages may be brought

© MJ Comer @ Paragnosis Fraud Solutions 2019