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Criminal Defence | England & Wales

Reasonable lines of enquiry and preserving defence evidence

What if police have overlooked messages, CCTV or witnesses that support your account? Learn how to preserve evidence and request focused enquiries before a charging decision.

KEY ANSWER

The position in brief

Police investigators must pursue reasonable lines of enquiry, whether they point towards or away from a suspect. A useful request identifies the factual issue, where the relevant material may be found, the dates involved and how it could affect the allegation. Preserve original material and obtain advice on whether and how to disclose it. There is no automatic entitlement to search all of a complainant’s or witness’s records.

Legal issues

The CPIA Code of Practice and CPS Disclosure Manual require enquiries to be assessed against the actual issues in the case. Digital and third-party enquiries must be reasonable, necessary and proportionate; speculative requests may be rejected. Requesting material, preserving it, obtaining it, disclosing it and determining its admissibility are different steps. Victim counselling records are subject to additional statutory safeguards and an enhanced threshold applicable from January 2026.

Read our pre-charge representation service, pre-charge engagement advice and police investigation timeline.

Evidence that matters

Preserve full message threads, original recordings, timestamps and the device or account holding the material. Keep a note of who exported a file and when. For CCTV, identify the camera, location and a precise time window. For a witness, record their contact details and what they may have seen without rehearsing an account with them.

Reasonable lines of enquiry

Example: an allegation places you at a workplace at 8pm. A focused enquiry might identify the access-control record and one entrance camera between 7.30pm and 8.30pm, explain the disputed location and ask for preservation before routine deletion. “Get every camera in town” gives the investigator little basis for a proportionate search.

What happens next

Create an evidence schedule recording the factual issue, proposed source, custodian, date range, urgency, preservation step and investigator response. For disappearing CCTV or other time-limited material, ask promptly for preservation rather than assume it will remain available. If a request is declined, assess whether a narrower request or further identified facts would make it reasonable. If charges follow, the prosecution disclosure regime and any appropriate court applications must be considered separately.

Immediate steps

Prioritise material with a short retention period. Keep originals intact and make working copies. Do not enter someone else’s account, use guessed passwords, contact a protected person or encourage a witness to change an account. Ask your solicitor how preservation requests should be made where contact restrictions or sensitivity apply.

What should you send us?

Send a dated chronology, the allegation as understood, any existing disclosure, details of evidence at risk and the names of likely custodians. Identify the next interview or charging deadline.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can turn your account into a focused enquiry plan and explain how each request relates to an issue investigators must assess. We can also distinguish genuinely useful evidence from material that is intrusive, peripheral or unlikely to assist.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Do police have to investigate evidence that supports my innocence?

Police must pursue reasonable lines of enquiry pointing towards as well as away from a suspect. That does not mean they must undertake every investigation suggested. A useful request explains why particular evidence could affect a live issue and where it is likely to be found.

Can my solicitor ask police to preserve CCTV and messages?

Yes. A solicitor can make a focused request identifying the location or account, time period, likely custodian, urgency and reason the material matters. Preservation does not itself mean immediate disclosure to the defence. Keep any original material you already possess intact and do not contact restricted witnesses or complainants yourself.

What happens if CCTV or messages have already been deleted?

Record what was lost, when it may have existed, when preservation was requested and what response was received. Other sources may assist, such as access logs, witness accounts, correspondence or another recording. Loss of material does not automatically end an investigation, but its significance should be evaluated in the context of the case.

NEXT STEP

Preserve important defence evidence

Tell us the allegation and next deadline, what CCTV, messages or witness evidence could help, who may hold it and when it might be deleted. We can assess urgent preservation requests and reasonable lines of enquiry.

Preserve important defence evidence