R v Maqsud Ali

Facts

Maqsud Ali and Ashiq Hussein were suspected of murder. Police left them together in a room at Bradford Town Hall. A microphone, connected to a recorder in another room, taped what they said. The recording contained admissions. They said a secret recording should not be admitted.

Issue

Is a secret tape of a conversation between suspects admissible?

Held

Yes. The Court of Criminal Appeal admitted it. The judgment observes that criminals do not conduct their affairs according to the Queensberry rules, and that the eavesdropper, here a microphone, is a familiar means of detection.

Principle

A relevant recording is admissible though the speakers did not know they were being recorded.

Why it matters

Bailey is the case of a bug in a police cell. Khan is a listening device in a third person's home. All three were admitted.

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