NSW Police trying to subpoena home CCTV

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Jaywoo220

Well-Known Member
11 November 2019
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Police subpoened for production requesting "cctv footage of arrest at (address) on (date") .

Also subpoened other family members who do not have control or posession of footage" in that footage gets deleted after period of time and only I have copy of footage.

1. How do I get other family members out of going to court if they have no posession?

2. Do I have any grounds to refuse based on the fact that police had their body worn footage on at time of arrest which would show exact same details except for different angle. Are they just fishing?

3. Based on subpoena do I just have to show them one the one minute video of arrest or from when they enter property? 🙏 help.
 

sammy01

Well-Known Member
27 September 2015
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2,894
I'd have thought any evidence that you wish to provide should be made available prior to trial so that both sides can scrutinise it.
Frankly, if the footage shows that you're innocent why wouldn't you share it with the cops?
 

Docupedia

Well-Known Member
7 October 2020
378
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794
If you've provided the footage and they're issuing a subpoena (unless there's a crossover), then to my mind they're thinking that there's relevant footage which you haven't produced - either before, after, or it has been edited.

Mind you 'footage of arrest' is rather (a) limited and/or (b) subjective.
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
589
Just to clarify I requested their body worn footage, then they requested my cctv. The subpoened the cctv footage, I did not provide it voluntarily.