Investigations

Criminal investigations

Similar issues arise with investigations by regulators into companies or individuals. Investigations by Regulators can be linked to criminal investigations and having the right advice from the outset is key.

Alternatively, you may first become aware during a dawn raid. This will be the trigger for a wider investigation and could lead to arrests or seizure of material. We will review any search warrant and consider any legal challenges in a complex and developing area of law.

As the investigation draws to a close, potential prosecutors have to consider whether there is sufficient evidence to prosecute and whether it is in the public interest to prosecute. This decision should be taken in accordance with the Code for Crown Prosecutors (although a CPS document, the guidance is followed by most prosecutors). In addition, there are different guidelines for different offences. This provides an opportunity for proactive defence lawyers to make representations to the prosecutor not to continue the case.

Why choose Hodge Jones & Allen?

We have specialised and highly trained lawyers that can represent you at a police station or any interview under caution.

Many cases are now “Released Under Investigation” and one of the strategic issues that we assist clients to consider is whether to await the outcome of the investigation or proactively provide information and make representations to the investigators. This is not a straightforward decision and requires specialist advice. We can provide the following advice on how to:

• Negotiate with the authorities
• Scrutinise or criticise their actions
• Robustly assert your rights
• Proactively build up your case

On many occasions, it is not the police, the SFO, NCA or other investigator who will contact you first – it could be your employer with an internal corporate investigation. It is absolutely essential that you get the right advice immediately. Decisions taken at this early stage can have a profound impact on subsequent criminal proceedings.