Preserving CCTV footage for your defence

Criminal Law in the Netherlands.

Camera images may be relevant to your defense. They are sometimes only kept for a short time. Therefore, quickly discuss with your lawyer which camera, location and event are important.

Make a note of where the camera is located, which time period you mean and what the images might show. A specific request is easier to assess than a general request for all images.

Asking to keep images is different from immediately having the right to a full copy. Privacy and the criminal investigation can play a role. Have the appropriate route assessed.

Did you receive images yourself? Save the original file and make a note of who it came from and when you got it. A screen recording or short clip can lose information and context.

Describe what you think the images can demonstrate, but do not present an expectation as an established fact. Also discuss whether a longer period of time is necessary to understand the situation.

Keep requests and replies. Ask your lawyer whether the footage has actually been preserved and how it can be obtained for the defence. Sending a request does not prove the footage was saved.

Read the full explanation on the Criminal Law in the Netherlands website.