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An investigation into the alleged offence(s) is an information-gathering exercise to assist in determining whether there is sufficient evidence to support the allegation and whether it is in the public interest to prosecute an individual or corporate entity. This might include, in amongst other things, the following:
- Viewing the scene of a crime
- A warrant being executed at a premises (or dawn raid)
- Obtaining a restraining order
- Obtaining a production order
- Collecting physical and forensic evidence
- Obtaining witness statements
- Instructing an expert
- Conducting interviews under caution
What Happens When Somebody is Arrested?
When someone is arrested, an interview under caution will take place where the investigating officers will seek to gather further information in relation to the alleged offence(s). You or your business may also be invited to an interview under caution on a voluntary basis.
The officers will question you regarding your suspected involvement by asking you directly about the incident or asking broader questions about your whereabouts at the time the incident took place.
They may also take the opportunity to ask you about your financial affairs, depending on the nature of the alleged offence.
Protecting Your Rights and Preserving Your Interests
If you have been arrested or asked to attend an interview under caution, it is crucial that you protect your rights and preserve your interests by instructing a solicitor. An experienced lawyer will provide you with the following support:
- Obtaining pre-interview disclosure to prepare you for an interview under caution, including how to respond to questions
- Assessing the details of the allegations, the strength of the evidence and any accusations
- Informing you and protecting your rights throughout the interview process
- Ensuring the investigating authority conduct themselves properly and do not act unlawfully
- Advising, assisting and representing you in person during the interview process to allow you to confer and get advice on the best course of action
For more legal advice about interviews under caution, take a look at our dedicated page.
As referred to above, the investigating authority may obtain a restraint or production order. JMW’s business crime and regulatory solicitors are specialists in providing advice, assistance and representation during the investigative stage, and can apply to either discharge or vary a restraint order or resist an application for a production order. Further details can be found here.
Talk to Us
If you have been accused of committing a crime, our expert business and criminal defence solicitors are able to provide advice and representation throughout and at any point of the criminal justice process.