dimpy.handa
Dimpy Handa
Should evidence obtained through telephone, email or other forms of communication tapping be admissible as evidence by either side in any form of trial?
The UK and other jurisdictions have rules of evidence which would prevent the release of sensitive information from the intelligence services. It is perfectly possible to separate the evidence required (the record of a phone call of 3 mins having taken place between two suspects who deny having been in contact) from the method of gathering that evidence and the scale of the gathering operation. In addition, it is not the evidence itself which is cross-examined in court, but rather expert witnesses and their certainty that a voice on a recording is that of the accused, or the reliability of voice matching technology. Therefore because cross-examination is one step away from the intercept process it can be used as stand-alone evidence in court in the same way as any other evidence without revealing too much information about its source.
The UK and other jurisdictions have rules of evidence which would prevent the release of sensitive information from the intelligence services. It is perfectly possible to separate the evidence required (the record of a phone call of 3 mins having taken place between two suspects who deny having been in contact) from the method of gathering that evidence and the scale of the gathering operation. In addition, it is not the evidence itself which is cross-examined in court, but rather expert witnesses and their certainty that a voice on a recording is that of the accused, or the reliability of voice matching technology. Therefore because cross-examination is one step away from the intercept process it can be used as stand-alone evidence in court in the same way as any other evidence without revealing too much information about its source.