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i have just found out from the police that my ex has been secretly recording me via puttin someting in a bag wen i have contact with my child
the police said it best to go down the civil route
can anyone who has a understanding of this please pm me n discus it via pm so can give full details also can be given advise as to what i can do
From personal experience I can almost guarantee that recording you isn't illegal and there isn't much you can do about it. I don't think taking civil action against her will get very far.
Hi topdad,
Right, just a few things to clarify: when this recording device was put into the childs bag, did the child bring this to contact within your property? If this has been the case there is a criminal remedy that can be acted upon:
UK Spy Equipment Law:
Illegal Use of Spy Equipment includes:
•Deploying covert cameras in areas where individuals would have an expectation of privacy, such as bathrooms, changing rooms and locker rooms.
•Planting a hidden camera in someone else’s home, or an area someone else owns.
•Using covert cameras for illegal reasons.
•Using spy cameras for an illegitimate reason.
•Sharing images or footage with third parties other than for legal reason.
•Releasing footage or images to the media.
•Recording conversations between members of the public on CCTV.
I feel that particularly the first bold statement applies to you. If i were you i would speak to a solicitor and the Police as this clearly constitutes Harassment. The Police are/have advised you incorrectly if it is the case that the covert spy equipment went into your home. If the spy equipment did not enter your home, you could now legitimately refuse any piece of support.
Is this still going through Court?
the family court side have finished, but this weekend they have brought hidden devices in the bag after being told last week they cant do that
i have gone through the police route this time and waiting to find out more when the officcer that dealt with it last week is back on duty as this
is unreasonable behaviour they basicly spiiting dummy at loosing court case in the family side n have tried anything poss to make my life [censored]
and i have found the devices n kept hold of them on the police advice when i rang them on weekend and i aint goin through civil route at all now as its a criminal matter
as its harrassment and they best do something this time the police as had enough now,
Here's the section about what is legal and what is not, and it clearly states that it is illegal to place a listening device in someone else's home or car.
The Laws on Listening and Recording Devices -
Whether you want to tackle bad neighbours, or find out what your workforce is talking about during office hours, listening and recording devices are a great way to establish your peace of mind. However, as with all other spy equipment, there are privacy regulations you have to abide by.
Legal requirements of listening and recording device use -
You must not use listening or recording devices that are illegal.
You may only use listening or recording devices within reasonable privacy laws for legitimate security and safety reasons.
Using listening devices in your own property to capture evidence of excessive noise in a neighbour complaint
Legal use of listening and recording devices -
Listening or recording people in public areas.
Placing listening or recording devices in an office or business area.
Deploying a listening or recording bug in your own home.
What is illegal use of listening and recording devices? -
The use of listening devices on certain Military band and Air Band UHF and FM frequencies - some of those who have not followed this law have been fined over £10,000.
Placing a listening or recording device in someone else’s home.
Use of a radio transmission bug that transmits on restricted frequencies contravenes the Telecommunications Act and is illegal.
Using a listening or recording device to intrude on the reasonable expectation of privacy of an individual, i.e. placing gadgets in someone’s home or car to which you do not have permitted access, or in a private area such as a bathroom.
Here's a legal blog that might apply, although as the family proceedings case has finished, I would push for the criminal charge.
http://www.ibblaw.co.uk/insights/blog/can-secret-recordings-be-used-family-proceedings
thanks for the info, just so wound up that they doing this they constantly harrasing me and had enough now
well the police have done nothing saying they havent done anything wrong by recording anything thats gone on even though its my hous they recoreded when they have placed bugs in the bag my child gets sent with, im fuming its an absolute joke tbh
I'm surprised they have said this! You have a couple of options, you could write to the chief superintendent of the police station and ask for it to be looked at again, or you can take out a civil action yourself and apply for a harrassment order. If you can get a court injunction and they did I it again it would automatically become a criminal offence.
Ive had a look for information and have linked an information sheet from the CAB about harrassment orders
All the best
ty do i just find the local cheif constable and write a letter n then send it to the local police station
just so annoyed tbh as if it was other way round and i was doing it then they would of done something but because im a bloke reporting it
just seems like im getting no where, am not gunna let this go though as im gunna try anything i can do about this as its wrong
Yes I would think so...it should be fairly easy to get his name.
I know exactly what you mean, it does seem one sided, but I wouldn't say that when you write, just stick to the facts but impress oh him the distress its causing andquote the law about covertly recording in someone's home and also the possibility of an injunction to prevent it happening again.
Best of luck
You might find the info on spy equipment law useful to quote from when writing to the chief constable, you can also quote from the CAB advice when talking about the harrassment and distress you are being subjected to. They have the choice of two separate laws, I think it's unacceptable not to take action one way or the other
Best of luck
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