Can you clarify the legal situation of footage from dashcams being used as evidence in court?
Regarding dashcam footage, disclosure in a criminal trial is governed by the Criminal Procedures and Investigation Act 1996 (CPIA) and as such would not be the responsibility of the person who produces any DVD of evidence, it would be the responsibility of the prosecution which, in cases involving DVDs of poor driving, would be the police. CPIA does not apply in civil litigation and so would not form part of a case brought by an individual in say cases heard in the small claims track of the county court.
Whilst in all cases it would be advantageous to have a date and time stamped DVD, a signed statement with the appropriate legal declaration producing a DVD without would/could be accepted by the court. If that DVD showed evidence of the offence with the offender’s vehicle shown then that is very unlikely to be challenged in court in relation to time and date. I would tell people if they are involved in an incident in which they feel they have evidence of an offence, hand it over to the police to deal with straight away. Officers seize CCTV every day from shops and are very used to dealing with it.
Whilst in all cases it would be advantageous to have a date and time stamped DVD, a signed statement with the appropriate legal declaration producing a DVD without would/could be accepted by the court. If that DVD showed evidence of the offence with the offender’s vehicle shown then that is very unlikely to be challenged in court in relation to time and date. I would tell people if they are involved in an incident in which they feel they have evidence of an offence, hand it over to the police to deal with straight away. Officers seize CCTV every day from shops and are very used to dealing with it.
Asked on 9 March 2013 by BC, Ashurst, New Forest
Answered by
Honest John
Many thanks for the clarification. It won't be long before we all have dashcams, just like the Russians do. Addison Lee has fitted its entire fleet of Galaxys with them.
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