However, published guidance for both judges and other professional bodies on covert and overt recordings is ‘extremely sparse and has not kept pace with need’, the Family Justice Council (FJC) has said.
The FJC published guidance for professionals on covert recordings in family law proceedings concerning children last week, as well as more concise guidance for self-represented litigants.
The 58-page guidance outlines relevant caselaw and statute, explores the consequences and issues that may arise, and analyses considerations regarding authenticity, probative value and relevance.
Sir Andrew McFarlane, president of the Family Division, said: ‘Whilst some covert recordings have been found to have evidential value, the secret nature of covert recordings can intrude on the privacy of parents, children and professionals, causing harm and often leading to concerns about the accuracy of the recording.’ He urged family justice bodies to develop their own guidance.
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