Is Evidence Obtained by Private Investigators Admissible in Court?

private investigator evidence used in court

Private investigators are often employed to gather crucial evidence for legal cases, but the question remains: Can evidence obtained by private investigators be used in court? The short answer is yes—but it depends on how the evidence is obtained and whether it complies with legal and ethical standards.

This article explores the admissibility of private investigators’ evidence, debunks some common myths, highlights the laws they must follow, and discusses the value they bring to legal cases.


Is It Legal to Hire a Private Investigator in the UK?

Yes, hiring a private investigator in the UK is completely legal, provided they operate within the confines of the law. Private investigators do not have special legal powers and must abide by the same rules as any other individual.


What Laws Apply to Private Investigators in the UK?

Private investigators must adhere to a range of UK laws that govern how they collect and handle evidence. Here are the key legal frameworks:

  1. General Data Protection Regulation (GDPR)
    GDPR supersedes the Data Protection Act (DPA) 2018 and regulates how private personal data is accessed, handled and stored. Private investigators must ensure that the methods they use and the processes they put in place are compliant in order to avoid issues with the Information Commissioners Office (ICO)
  2. Human Rights Act 1998
    Investigators must respect individuals’ right to privacy under Article 8 of the Human Rights Act. Evidence gathering must not infringe on this right unless there is a justified and lawful reason.
  3. Trespass Laws
    Private investigators cannot enter private property without permission. Any evidence obtained by trespassing would be inadmissible in court.
  4. Regulation of Investigatory Powers Act (RIPA) 2000
    RIPA regulates surveillance activities, particularly those that could interfere with privacy. While private investigators are not granted powers under RIPA (unlike law enforcement), they must ensure their surveillance activities comply with this legislation when they are working for public bodies such as Local Councils.

Private Investigation Is Unregulated in the UK

Unlike many other professions, private investigation in the UK is currently unregulated. This means anyone can claim to be a private investigator or a private detective without formal qualifications or oversight.

However, reputable investigators often self-regulate by joining respected trade associations such as the Association of British Investigators (ABI) and the Institute of Professional Investigators (IPI). These organisations have strict entry requirements and uphold rigorous codes of conduct and professional standards, ensuring their members operate ethically and responsibly. Choosing an investigator affiliated with such associations can provide assurance of professionalism and reliability.


What Types of Evidence Can Be Admissible in Court?

Evidence obtained by private investigators is admissible in court if it is gathered legally and ethically. Here are some common use cases where private investigators’ evidence can play a critical role:

  1. Child Welfare Investigations
    In family law cases, private investigators often gather evidence to demonstrate breaches of prohibited steps orders, such as unsupervised visits with a child. Surveillance reports and photographic evidence are critical in safeguarding a child’s welfare.
  2. Insurance Claim Validations
    Investigators may gather evidence to verify or disprove claims of injury or incapacity. For example, covert surveillance may reveal an individual performing physical activities that contradict their claim.
  3. Employment Tribunal Hearings
    Private investigators can document evidence of gross misconduct, such as an employee working for a competitor while on sick leave. Time-stamped surveillance footage and detailed logs provide valuable support in employment disputes.
  4. Uncovering Hidden Assets for Divorce Cases
    Investigators can trace assets or financial records that a party in a divorce case may be attempting to conceal, ensuring a fair division of marital property.

Why Might Private Investigators’ Evidence Be Inadmissible Even If Obtained Legally?

Even legally obtained evidence can sometimes be inadmissible if it doesn’t meet certain standards. Intelligence is simply information if it does not meet evidential standards, for example GPS Vehicle Tracking data alone is insufficient to prove somebody was driving the vehicle. GPS tracking data shows the movements of a device, it can be precise enough to show co-ordinates within a couple of metres radius, down to a split second. Without corroborating evidence such as surveillance footage, GPS data may not be admissible as it doesn’t conclusively prove what vehicle the device was attached to or who the driver was.

Another case of legally obtained evidence being inadmissible is social media content, a private investigator may conduct a social media investigation and gather evidence of an individual at a place of interest. The image alone may have been posted on a particular date but without corroborating evidence it may not be sufficient to prove that the photo was taken on the day it was posted. Images obtained by private investigators can be examined to look at metadata that shows information such as time, date and location. Images that are taken from social media are often not the original source material and therefore may lack crucial metadata.

When somebody decides to hire a private investigator they may assume that work starts immediately, but there is a meticulous planning process that goes on behind the scenes. One stage of the investigation planning process is a Data Protection Impact Assessment, investigators have to weigh up the cost of obtaining the evidence, not only from a financial perspective but from a privacy perspective. Ultimately the vast majority of investigations focus on obtaining information that can be viewed as personal data, ensuring that the investigation is justifiable and proportionate is an important step. If a judge feels that the weight of the evidence does not justify the techniques and approaches that were used to obtain it then they may deem the evidence inadmissible even if it was done so legally.


Why might a private investigators’ evidence by deemed to have been obtained Illegally?

Evidence collected through illegal or unethical means is almost always inadmissible. Examples include:

  1. Breaching Privacy
    Taking photos or videos of a subject in a location where they have a reasonable expectation of privacy, such as inside their home, is unlawful.
  2. Deceptive Practices
    Using deception, such as pretending to be an HMRC officer to obtain personal information, violates ethical guidelines and legal standards.

How Do Private Investigators Ensure Their Evidence Is Admissible?

Reputable private investigators follow strict protocols to ensure their evidence is admissible in court. By providing evidence that is comprehensive and rigorous they avoid ambiguity and ensure the evidence can stand up under scrutiny.

  • Witness Statements: By providing a witness statement, a private investigator states that they are willing to attend court to support their evidence. If they refuse to attend court then an arrest warrant could be issued to force their co-operation. If they attend court and are dishonest they could be charged with perjury.
  • Contemporaneous Logs: Time-stamped logs create a transparent record of the investigation.
  • Original Image Files: Retaining unaltered files with metadata ensures authenticity.
  • Compliance with Laws: Adhering to legal frameworks, such as RIPA and the Human Rights Act, protects the integrity of evidence.
  • Professional Conduct: Membership in organizations like the ABI and IPI demonstrates a commitment to ethical practices.

Common Myths About Private Investigators

Television and movies have created unrealistic expectations about what private investigators can legally do. Here are some common myths:

  • Phone Hacking: Private investigators cannot access phone records or hack devices.
  • Bank Access: Investigators have no authority to access bank accounts or financial transaction data without consent.
  • ANPR and Travel Records: Private investigators cannot access automatic number plate recognition (ANPR) systems or travel records.

Understanding these limitations helps dispel misconceptions and underscores the professionalism of ethical investigators.


What Happens if Evidence Is Inadmissible?

If the judge deems the evidence as inadmissible, the court will exclude it from proceedings, and it cannot influence the outcome of the case. This highlights the importance of working with experienced private investigators who understand evidential standards and ensure compliance with legal requirements.


Evidence obtained by private investigators can be used in court, provided it is gathered legally, ethically, and transparently. From safeguarding children to uncovering hidden assets, private investigators play a vital role in ensuring justice is served. However, not all evidence is admissible, and investigators must adhere to strict legal frameworks to ensure their findings hold up in court.

If you’re considering hiring a private investigator, choose a professional affiliated with respected trade organisations like the ABI or IPI. Their commitment to ethical practices and professionalism ensures that the evidence they provide is credible, reliable, and admissible.

Reveal Private Investigations provide free consultation with expert investigators to ensure that the scope of the task and the evidential requirements are clearly understood before proceeding with any investigations. If you would like to speak to one of our friendly team and find out whether we could obtain evidence to support one of your cases, dont hesitate to get in touch.

Book a Free Consultation Today on 0330 223 2933

Share this post with your friends

Related Articles

Welcome Back to Reveal PI!

We’re thrilled to see you again and to show our appreciation, we’re offering you a 10% discount on your next inquiry. Use the code REVEAL10 when you get in touch.

Whether you’re seeking answers or peace of mind, our Team is here to provide the professional and discreet service you deserve.

Quote REVEAL10 to our team during your inquiry. We look forward to assisting you.