Quick answer
Keep one master file containing the release or warning notice, charge sheet if supplied, case and court details, bail receipt, every condition, identity information, a factual arrest-and-custody timeline, original defence evidence, police and lawyer communications, and proof of compliance.
How to use this guide
Separate official documents from your own notes. Preserve original digital files unchanged, use copies for working, and maintain an index showing where each item came from. A well-organised record helps a lawyer verify the release route, protect the court date and identify evidence gaps without confusing allegation, memory and proof.
1. Start with an index and control page
The first page should show:
- your full name and reliable contact details;
- police station, case or CAS number if known;
- investigating officer and contact details if supplied;
- alleged offence exactly as recorded;
- release route as described in the document;
- court, physical address, date and time;
- bail amount, receipt number and payment date;
- every condition; and
- lawyer or Legal Aid contact and next action.
2. Preserve the official police and court papers
Keep clear copies of every document received, including any:
- written notice to appear;
- release-on-warning document;
- police, prosecutor or court bail record;
- bail payment receipt;
- charge sheet or charge-related notice;
- property or exhibit receipt;
- rights notice or form signed at the station;
- court order or endorsement; and
- later notice changing a date or condition.
Do not write on the original. Photograph or scan every page, front and back, and note when and from whom it was received. A release document is not automatically the same as a final charge sheet. The charge-sheet glossary, bail glossary and criminal-court preparation pack explain the different functions.
3. Create an arrest and custody timeline
Write the timeline while memory is fresh. Record approximate times honestly rather than creating false precision. Include:
- where you were immediately before arrest;
- arrest time, place and agency;
- anything said about the reason for arrest or rights;
- transport and stations or facilities attended;
- requests for a lawyer, interpreter, medication or medical help;
- interviews, statements, signatures, photographs, fingerprints or samples;
- items taken and receipts given;
- contact with family or another person;
- release time, payment and documents; and
- instructions about court and conditions.
Separate what you personally saw or heard from what another person later reported. Keep the first version and date any later correction instead of silently rewriting it.
4. Keep a condition-and-compliance register
Copy each condition exactly, then keep evidence of compliance. Depending on the document, that might include reporting slips, travel authorisation, address notifications or dated communication through an approved channel.
If a condition concerns contact, record incoming calls or messages without engaging unnecessarily. If it concerns residence or travel, keep any formal approval for a change. Do not treat your private log as permission to vary a condition; take ambiguities to a lawyer.
The arrest-and-release next-step guide explains why release is not the end of the criminal process.
5. Preserve original digital evidence
Potential records may include:
- full message and email threads;
- original photographs and videos;
- lawful location, ride, access or transaction history;
- call logs and voicemails;
- receipts and bank records;
- work rosters or attendance records; and
- files showing creation dates or other metadata.
Keep the original export or file. Do not crop, annotate, compress or re-save the master copy. Make a separate working copy for notes. Record the device, account or source, the date collected and who handled it.
Do not access another person's account, take confidential employer data or obtain police docket material unlawfully. Tell the lawyer where third-party evidence exists and whether it may be overwritten. A lawful preservation or disclosure process may be needed.
6. Keep witness leads without contacting witnesses
Create a private list with each person's name, contact details, relationship to the matter and a neutral sentence describing what you believe the person observed. Add how you know this. Do not ask the person to align a version, sign a statement, delete something or contact the complainant.
If someone sends case-related material, preserve the full communication and show the lawyer its source and context.
7. Collect identity, stability and practical records
A lawyer or Legal Aid may ask for identity, address, income or household information. Depending on the issue, prepare lawful copies of:
- identity document or passport;
- proof of address;
- employment or study confirmation;
- recent income information where requested;
- dependant or caregiving information;
- medical prescriptions or appointment records; and
- immigration or travel documents if a restriction affects them.
These records do not determine guilt or innocence. They may assist with representation intake, bail-related instructions, practical court planning or a request about a condition. Keep sensitive records in a restricted folder rather than distributing them widely.
8. Maintain a communication log
For every case-related call, email, visit or message, note:
- date and time;
- name, role and organisation;
- verified contact details;
- what was requested or communicated;
- any deadline or reference number; and
- what you did next.
Retain the original message or email where possible. Do not rely on memory or an undated screenshot. If someone claims the court date changed, verify the information through the lawyer or an official court channel. The Department of Justice publishes a lower-court contact directory.
9. Keep fee, payment and representation records
Retain the bail receipt separately from any legal fee. Keep lawyer engagement letters, quotes, invoices, proof of payment and the written scope of work. Record whether the lawyer is consulting only, appearing on the next date or handling the wider case.
If applying for Legal Aid, keep the application reference, documents submitted, outcome and follow-up details. Eligibility and coverage are assessed under current Legal Aid rules; do not assume an application is complete until confirmed.
The criminal-defence service page, criminal-law hub and criminal-charge preparation checklist help organise the handover.
10. Use a simple evidence register
A spreadsheet or paper table can use these columns:
| ID | Date or period | Item | Source | Original location | Relevance | Shared with lawyer |
|---|---|---|---|---|---|---|
| C01 | Release date | Warning or bail paper | Issuing official | Locked file | Court and conditions | Yes/No |
| D01 | Event date | Original video | Phone/device | Encrypted backup | Timeline | Yes/No |
| M01 | Date range | Full message export | Account | Restricted folder | Contact context | Yes/No |
Use neutral descriptions. The register is a map, not an argument. Keep the physical originals secure, retain a protected digital backup, restrict access and do not rename master files in a way that destroys their provenance.
FAQs
Should I give my lawyer the original documents?
Ask what the lawyer needs. Usually you should retain a reliable copy and record any original handed over, including the date, recipient and purpose. Never write on or discard the only original.
Are screenshots enough for messages?
Screenshots can help with quick review but may omit context and metadata. Preserve or export the full thread where lawfully possible and keep the original account or device intact.
Should I record calls with police or witnesses?
Do not secretly record or initiate contact based only on a general article. Record the administrative details in a written log and ask a lawyer about the lawfulness and risk of any recording in your circumstances.
How long should I keep the file?
Do not destroy it while the criminal matter, an appeal, review, related proceeding or lawyer-directed retention period may still matter. Ask the lawyer for case-specific retention guidance after finalisation.
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Source notes
Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.

