27/08/2026
CAN A SECRET RECORDING BE USED AS EVIDENCE IN COURT?
The answer may surprise you.
A recent Australian High Court case has attracted attention after a secretly recorded conversation was allowed to be used as evidence in a domestic violence case.
But what happens here in England and Wales?
A recording does not automatically become inadmissible simply because the other person did not know they were being recorded.
In family proceedings, covert recordings can potentially be admitted as evidence. The court will consider factors including:
• How relevant the recording is
• Whether it is authentic and complete
• The circumstances in which it was made
• Privacy and the welfare of any children involved
• What the recording actually proves
The Family Justice Council issued specific guidance on covert recordings in 2025 following their increasing use in family proceedings. (Courts and Tribunals Judiciary)
This can become particularly important where allegations of domestic abuse, threats or controlling behaviour are involved and someone believes a recording may provide evidence of what has been happening behind closed doors.
But secretly recording someone is not something to undertake lightly. There can be significant legal, privacy and evidential issues, particularly where children or intimate material are involved.
If you have recordings that you believe could be relevant to family proceedings, take legal advice before submitting, editing, sharing or publishing them.
Evidence does not always arrive in a witness statement. Sometimes, it is already sitting on a phone.
KMC Legal & Finance
Always in Your Corner
