LATEST MOAN FROM YOU AND ME 2020

Discussion in 'Off-Topic Discussion' started by Jiffy, Jan 1, 2020.

  1. ARMANDII

    ARMANDII Low Flying Administrator Staff Member

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    Not in your street, pete???:scratch::doh::heehee:

    Look, we all know in the real world, lots of domestic cameras are in contravention of the Data Act, and also the Police knowing that will look around for such surveillance cameras. But Courts can, and do, accept such evidence as a Defence cannot declare such recordings as illegal because it contravenes the Data act.:dunno::cat-kittyandsmiley::coffee:
     
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    • pete

      pete Growing a bit of this and a bit of that....

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      That last line doesn't make sense to me.
      Either it contravenes the data act and cannot be used, or it doesn't and can be used.:dunno:
       
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      • JR

        JR Chilled Gardener

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        Guess it depends if the evidence is useful to the cps but not if it's useful to a member of the public cos they are just plebs..
         
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        • ARMANDII

          ARMANDII Low Flying Administrator Staff Member

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          Evidence used in Criminal Courts are based on the validity of that evidence, pete, i.e: is it a proved record of a criminal offence. Just because the evidence breaches the domestic area of the Data Protection Act does not destroy it's validity in UK Courts.
          I have to say that it's completely different in, say, the USA where the Lawyers would argue it into a mire of misdirections/injunctions/and petty "technical" points
           
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          • pete

            pete Growing a bit of this and a bit of that....

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            I think white man speak with forked tongue.;)
            Sounds like it is or it aint depending on if it suit their purpose.;)

            The law regards us all as plebs, that is normal.:frown:
             
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            • ARMANDII

              ARMANDII Low Flying Administrator Staff Member

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              Naah, it's your interpretation of illegal that's too fixed and narrow. Evidence from a, say, Drug Dealer who was found guilty of that offence could still give evidence about other people who were involved in that specific offence. Courts often get accused for being too narrow in their judgements and convictions and yet the views of those criticising those Courts are even narrower and restrictive. Believe it or not, Judges are far more realistic, experienced and worldly in viewing evidence than people with no real knowledge of the restrictions of Precedence, Legislation new and old. If you had a Black and White legal system going doing a narrow path of interpretation we'd still be in the Dark Ages where we hanged Children for stealing Bread, or chopping off hand. Criminal Law is pretty straight forward and all evidence is scrutinised to ensure fairness and neutrality, but to those of other thoughts that will never be the case.:dunno::doh:
               
            • ARMANDII

              ARMANDII Low Flying Administrator Staff Member

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              And that is one of the problems where Office "Warriors" who have scant understanding or reading of the Section of the Act that covers the use of domestic surveillance cameras but are let out to air their views rather than the realities of the 2018 Act.
              One of the other problems is that such domestic issues are not want some Police Forces want to deal with either because of the time factor or it's being placed on a lower priority level. The Police Force is also still understrength by around 22,000 personnel and that is not a help.
               
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              • pete

                pete Growing a bit of this and a bit of that....

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                Never been accused of being fixed and narrow before, just dont understand how the courts can use evidence that is collected in an unlawful way, double standards or what?

                Unfortunately it is the police that are the front line in dealing with the public, so if they dont have a clue what is legal and what isn't there isn't much hope for the system.
                 
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                • ARMANDII

                  ARMANDII Low Flying Administrator Staff Member

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                  Oh, I know, weedaway. But it's not the Law at fault but the people applying, and interpreting, that law at ground level.:doh::wallbanging: When a case gets to a Court it is treated fairly and neutrally at least by the 5 Gentlemen that I know. To be honest, there aren't many Data Protection Act cases, involving domestic surveillance cameras, that reach Courts because they are not passed onto to the CPS by the Police for prosecution.
                   
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                  • ARMANDII

                    ARMANDII Low Flying Administrator Staff Member

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                    Sorry, pete, no offence intended, you know that.
                    Look, issues regarding Domestic breaches of the 2018 Act are not breaching any Criminal legislations, unless it could be proved that the cameras were being used for a Criminal Act, and there is a clear separation between Domestic and Criminal legislation, but if the Act was interpreted in the way you view it there would knocks on every door of a House using domestic Surveillance Cameras, millions of prosecutions, convictions and probably fines etc:wallbanging:
                    So, having Cameras on a domestic abode that cover public or private areas, without permission,
                    is not a Criminal Offence but a civil offence and you have to understand the necessity of the separation of the two.
                     
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                    • pete

                      pete Growing a bit of this and a bit of that....

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                      Ahh, civil offence,;)
                      Police talk for dont get involved until it becomes criminal.:biggrin:
                       
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                      • ARMANDII

                        ARMANDII Low Flying Administrator Staff Member

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                        Now you get it:heehee:
                         
                      • CanadianLori

                        CanadianLori Total Gardener

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                        @weedaway I have 8 cctv cameras and our laws allow us to point them anywhere but inside another person's home or buildings. That would be peeping tom stuff and everyone is entitled to privacy within their domicile. But outdoors is fair game as no one can expect complete privacy along a property line or whatever open space abuts them.

                        I don't think there are many issues with the laws in your situation just that the way the coppers interpret them seem to be all over the map. A bunch of willy nilly interpretations.

                        I have a great deal of respect for most coppers but just like every other professional, not all of them have the same sized brain pan.

                        I once had a tower of a copper tell me he could stop me from doing something and I put him in his place and corrected him. Then he said something. And I said something about the outside of his head being far superior to the interior... . And then I said he can't arrest me for sassing him either!

                        Surely somewhere online would be a guideline to what the laws allow in regards to cctv? I looked up ours so that I knew which zones of a camera's field to digitally mask or find another angle to respect other's privacy.

                        Might be worth a try to look and have on hand the next time one of these "authorities" comes around. :blue thumb:
                         
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                        • Fat Controller

                          Fat Controller 'Cuddly' Scottish Admin! Staff Member

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                          Not a happy bunny - bleedin' microwave has just gone kaput! Looks like the powder coating has failed on the door which in turn has caused arc to the body and singed a hole in the body coating - either way, it is knackered. Only had a new washing machine just over a week ago - hoping this is not going to be a cascade of failing appliances!
                           
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                          • pete

                            pete Growing a bit of this and a bit of that....

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                            Just bought a new one myself, the bottom of the door fell off and the glass dropped out the front.

                            It was over 10 yrs old.

                            Bought a new Panasonic Combi one, it pretty much the same as the old one was.
                             
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