Can Evidence from Private Investigators be used in Court?

October 8, 2023 - Reading time: 6 minutes

Yes. Private investigators can gather evidence which is admissible in a court of law, subject to the discretion of the judge. In order to ensure that our reports meet the standard for court admissibility, we must follow specific practices and procedures. However, it is important to note a few exceptions and considerations related to the admissibility of court evidence.

Gathering evidence for use in court is a delicate matter which should only be handled by an experienced private investigator. When it comes to checking on a person's activities through surveillance, for example, one simple mistake could lead to the subject being tipped off, which might ruin any further efforts to surveil them. Experience is often key when it comes to gathering solid proof during investigations while remaining discreet and within the strict confines of the law.

Gathering Information Legally

Maintaining the admissibility of evidence requires adhering to strict legal guidelines. All competent private investigators will be trained and versed on acceptable practices. Any evidence obtained through illegal means, such as trespassing, hacking, intimidation, or other unlawful methods, will be rejected by the judge. Furthermore, presenting such evidence may expose the investigator to legal consequences.

Changes in Accessing Internet Data

The enactment of the Investigatory Powers Act (2016) brought about changes in how we access internet data... While responsible data handling has always been a priority, this Act has further tightened restrictions. Irresponsible data handling is now considered a criminal offense and has somewhat limited the range of permissible actions for PIs.

Clarity and Precision

When private investigators compile evidence, we prioritize producing a final report that is clear, unambiguous, and easily comprehensible. A report that allows for a broad range of interpretations will not be accepted by the judge. Therefore, we employ precise and detached language, presenting documents in a well-structured manner.

Improving Evidence Quality

Although evidence does not necessarily have to be irrefutable in order for it to be admissible, enhancing its quality greatly contributes to its acceptability in court. Therefore, we ensure that all photo and video evidence is recorded at the highest possible quality, as well as being time and date stamped, limiting the potential for interpretation and providing transparent information for the court's reference. In some cases metadata can also be utilized as further proof. 

Importance of Clear Footage

In cases involving surveillance for personal injury or infidelity, it is crucial that the footage clearly depicts the relevant events. Mere visual evidence of a subject carrying a box, for instance, does not necessarily prove the extent of their injuries. Consequently, the footage must explicitly demonstrate the contents of the box for accurate assessment. Further context can be added by documenting the subject's total activities during one day or session of surveillance; as well as their activities over a longer period of time.

As much evidence as possible should be gathered and presented to the court in order to build a strong case. 

Polygraph Tests and Admissibility

In the United Kingdom, polygraph test results are typically not admissible in court, neither in criminal trials nor during civil proceedings. However, there are countries where lie detector results may be permitted in court. In these countries their administration must usually be conducted by law enforcement agencies. Polygraph reports constitute an exception to our usual standard practices in the UK.

Common Reports Used in Court

Child custody cases are one of the most common situations in which private individuals engage the services of private investigators in order to gather evidence for subsequent court proceedings. In such cases, both parties will seek to present a compelling argument for the child's best interests. In order to ascertain the circumstances when the child is in the care of the other party, a professional private investigator can help to conduct surveillance.

Divorce cases may also benefit from surveillance based investigations, in order to prove that infidelity has taken place or to gather evidence of the other side's nefarious behaviour.

For our corporate clients, surveillance is most often used in cases which involve claims of personal injury... If a claimant is thought to be exaggerating or fabricating an injury then surveillance can act as a cost effective and powerful tool; in many cases quality surveillance can ultimately lead to a personal injury case being thrown out or withdrawn.

If our client needs to serve court paperwork or documents in the UK, then we can help by acting as a process server. As an independent third party, we offer impartiality and can help to ensure that the documents are served swiftly and in the proper manner.

Private Investigators UK

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