Instructing a solicitor to preserve the CCTV
Should you wait until you have been charged before instructing a lawyer?
It is very important that requests for CCTV are submitted immediately for video evidence for your case even if you have yet to be charged.
Leaving it until charge may be too late. Sometimes the police take 2 to 3 months before deciding whether to charge.
By this time it is likely the CCTV will have been deleted. In one case in Kent the police deleted the CCTV evidence within 4 days of the client’s release.
This evidence is vital as
- Our expert may need to view the video from the police station or the hospital procedure
- The video may highlight procedural errors. By law if there has been a significant breakdown in procedure this may result in the police evidence being inadmissible.
CCTV destruction after solicitors letter is sent
In one case at Taunton MC on 26/10/16 a client avoided a driving ban because we sent a solicitor’s letter asking for the police not to delete the CCTV footage from the breath test room.
The police failed to retain the footage even after receiving our letter.
The Court held the client could not have a fair trial as vital evidence had been destroyed by the police.
This shows how a simple letter sent at the very beginning of the case can avoid a driving ban.
Spend just 5 to 10 minutes with us answering a few questions about your case and give yourself the possibility of avoiding a criminal record and driving ban.
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