A new Bill amending the Telephone Interception Law changes whether recordings by a third party can be included in criminal prosecutions. The law specifically looks at video recordings in cases of rape or victims who are children, elderly, or otherwise vulnerable.
There are currently limitations on recordings that can be used as evidence. These limitations revolve around the preservation of privacy and intimacy of individuals. However, these Constitutional guarantees do not protect the practice of illegal acts. This Bill looks at recordings that are made without police or Public Prosecution Service involvement. When a recordings integrity can be demonstrated it may be used when it has been made by:
- One of the individuals present to be used in defence arguments; and
- One of the individuals present or by a third party in favor of the rape victim or victim who is a child, elderly or vulnerable.