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.