Evan Wright was instructed to defend a person suspected of diverting a child’s inheritance for their own benefit. The sums involved were large and the allegations covered a period of years.

The child alleged numerous instances of financial misconduct. The suspect was invited for interview and Evan Wright was instructed to advise on the various options. Correspondence by reference to the Attorney General’s guidance on pre-charge engagement led to comprehensive pre-interview disclosure. This enabled JMW to prepare answers to the likely questions. It facilitated the preparation of a chronology and an argument that the alleged conduct either did not occur, or was lawful and in the child’s interests. Following interview, JMW advised on the submission of further written argument, supported by documentary evidence. Upon consideration of the submission and additional investigations, the police confirmed that no further action would be taken. Advice was then provided on how the client could protect themselves from future allegations.

The case underlines the importance of securing proper pre-interview disclosure and preparing for interview. If the allegations had not been refuted in correspondence supported by cogent evidence and legal argument, the Crown Prosecution would have had little option but to put the matter before the court for a decision on whether the defendant had, in fact, acted unlawfully.