Home of N2D.

You are not logged in. Would you like to login or register?



21-10-2012 8:57 pm  #1


Officers notebook.

Just a thought but if you ask the BF officer to read back the contents of his notebook and you are recording the interview, you should have a verbatim copy on your recorder of his notes. Therefore he can't present it differently in court?


http://i45.tinypic.com/24uxqug.png
Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
 

21-10-2012 9:18 pm  #2


Re: Officers notebook.

eezyrider wrote:

Just a thought but if you ask the BF officer to read back the contents of his notebook and you are recording the interview, you should have a verbatim copy on your recorder of his notes. Therefore he can't present it differently in court?

l really like this and can't fault it. I'd still go for the SAR just to see how good his/her reading of their notebook (and writing) is.  (grin) Because you are not signing the notebook it doesn't matter if he/she reads it wrong or right ... but it will in court!

Last edited by Smoking Hot (21-10-2012 9:21 pm)


http://i45.tinypic.com/24uxqug.png We don't do nice ... we do right!

When cross-border shopping, take your Statement of Truth etc and ALWAYS record the Border Force interviews and NEVER EVER sign their notebook ... Period!
 

21-10-2012 9:54 pm  #3


Re: Officers notebook.

What is the current situation regarding playing back recorded interviews in court? I'm assuming it's a big NO-NO but you can put it before the court in the way of a transcript providing prosecution have a copy.


http://i45.tinypic.com/24uxqug.png
Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
     Thread Starter
 

22-10-2012 9:09 am  #4


Re: Officers notebook.

Because it's Civil Law even hearsay is allowed so recordings are too. Prosecution may try and get it deemed inadmissible but the likelihood of them achieving it is minimal ... but only if you fight your corner. The recording is actual evidence and not hearsay. Transcripts are fine but they don't show the 'tone and manner' of BF questioning etc. We've had instances of BF officers shouting and being aggressive and you can't put that across in a transcript.

Courts do have the equipment for playback but are reluctant to admit it. I've had video 'evidence' used against me in a speeding offence case ... sadly for them, my vehicle was parked in an airport carpark at the time of the alleged offence!  (grin)


http://i45.tinypic.com/24uxqug.png We don't do nice ... we do right!

When cross-border shopping, take your Statement of Truth etc and ALWAYS record the Border Force interviews and NEVER EVER sign their notebook ... Period!
 

22-10-2012 9:38 am  #5


Re: Officers notebook.

Far as I know the Civil Evidence Act 1995 makes clear that information in any form is admissible as evidence in a civil case-be it hearsay or not.


"I, uh, let her out the trunk...heard what, err, She snarled at THEM...."

http://i45.tinypic.com/24uxqug.png
 

22-10-2012 12:39 pm  #6


Re: Officers notebook.

George wrote:

Remembe if intending to use video or audio recordings, Check with the Clerk of Court the playback format of their equipment. No point in taking along Digital versitile disc (DVD) If they are still using VHF or BETA recording tapes on 25 Year old machines,, same with audio, Either Compact disc or reel to reel compact cassette. VERY IMPORTANT POINT  TO LOOK OUT FOR,  the UKBF Solicitor won't tell you.

Very important point. Assuming your evidence is in 3gp/amr/avi/flv/mp3/mp4 formats-and it almost certainly will be- then you may well need to get a set of leads to be able to transfer to VHS or Tape etc. Fortunately such leads cost pennies on fleabay.  Just remember it is NOT a job you want to do the night before the trial. It seldom is as quick and easy as you think it will be.

Last edited by The Blocked Dwarf (22-10-2012 12:40 pm)


"I, uh, let her out the trunk...heard what, err, She snarled at THEM...."

http://i45.tinypic.com/24uxqug.png
 

Board footera

 

Powered by Boardhost. Create a Free Forum

Disclaimer:- This forum is an open forum, and anyone can post their thoughts here (within reason). Therefore the views expressed here are those of individuals and not necessarily those of Nothing 2 Declare. We try to allow as much freedom of speech as possible, including views that some may find objectionable. This includes the views of UKBA, Border Force, HMRC, legitimate cross-border shoppers, non-legitimate importers, general public and anyone else that wishes to post.
Regarding ourselves, we categorically do not condone smuggling and neither do we condone the current tactics used against legitimate cross-border shoppers by UKBA/Border Force and HMRC. The current tactics benefit both Customs and smugglers alike.
Although some people use real names, there is no guarantee that they are who they say they are; it is impossible for us to verify identities of all members.