"They're one of the firms that is right at the top of the scale. They're very experienced in handling the big cases. They're extremely well resourced and I've never had anything other than a good experience with them."
Chambers UK 2020 - A Client’s Guide to the UK Legal Profession
Suspect or witness, how the interviewee responds to questions can lead to criminal or regulatory repercussions for the individual concerned and/or their employer organisation. Their professional reputation and career may also be impacted. Interviews are serious matters.
Whatever the investigation, anyone called for interview needs good advice. We have a real depth of experience in this work, and can give you the advice you need. We advise on all types of interview – whether conducted by the police, SFO, FCA, HMRC, CMA, HSE or other enforcement agencies, or by an individual’s own employer or lawyers retained by them.
How we can help
We can assist with:
Interviews under caution
where the person being interviewed is suspected of having committed a crime. For obvious reasons such interviews are high-stakes situations and may have serious consequences for you. You should therefore insist on your right to be accompanied by a legal representative at such an interview. In preparing for it, you will need to consider with your lawyer the extent of any disclosure made available to you and, with your lawyer’s help, to decide whether or not to answer questions, bearing in mind that any statements may be used as evidence in future criminal proceedings.
where the person being interviewed is under a legal duty to provide answers to questions. A large number of investigators have the power to hold a compelled interview, and different investigators use those powers in slightly different ways. But in each case investigators are able to require you to answer questions and to prosecute you if you do not attend the interview, answer their questions or (in the opinion of the investigator) fail to tell the truth. We can liaise with the investigators, help you prepare for the interview and accompany you to it to help ensure that you comply with your legal duties,
where the person invited to be interviewed can decide whether or not to participate. These may arise in the context of an internal investigation or one conducted by an external enforcement agency. Whilst there may be no legal obligation to cooperate, voluntary interviews are not without risk and can have serious consequences: disciplinary action can ensue or evidence can be used in future criminal and regulatory proceedings. We can advise on where your best interests lie and, if you agree to be interviewed, we can help you prepare to ensure that you do as well as possible in the interview.
Every interview is different, and the challenges facing each of our clients is unique. We have the skills, knowledge and depth of experience to guide you through all nature of interview requests, the process involved and post-interview considerations.
We can assist with interviews held in person and live interviews conducted on a remote basis.
We act for clients involved in UK-based interviews, as well as interviews requested by enforcement agencies overseas, working with our trusted network of international lawyers as necessary to provide a coordinated approach.
Whatever the case, our objective is always to devise the best strategy to protect our clients’ interests.
For more information please contact our specialist investigations team.
Practice Development Lawyer
Michael Caplan QC
Senior Associate (Barrister)
Senior Associate (Barrister)
Leading practice in the representation of individuals in regulatory investigations or enforcement actions, drawing upon significant strength in employment, criminal and white-collar law to offer a complete service in the area. Highly experienced in cases involving issues such as insider trading and mis-selling of products. Also assists individuals under investigation for alleged market manipulation and anti-competitive behaviour."
Chambers UK 2020 - A Client’s Guide to the UK Legal Profession
Latest blogs & news
The head of the Youth Justice Board has rightly criticised the Government’s plans to raise child custodial sentences. At a time when England and Wales falls behind most European countries in protecting children with the lowest age of criminal responsibility (10), it is inexplicable that the Government is taking a further regressive step by seeking to increase the length of time that children must spend in prison.
Youth Justice: Is reform on the way for young people who turn 18 while in the criminal justice system?
Children under 18 years old are afforded a number of special protections by virtue of the fact that they are children in the eyes of the law. These protections fall away when an individual turns 18 and they are legally considered an ‘adult’. For defendants who cross the threshold into adulthood during the criminal process, the impact of reaching this milestone can be profound.
Today JUSTICE has published the latest working party report ‘Tackling Racial Injustice: Children and the Youth Justice System’. I am delighted to have had the opportunity to chair the working party that produced this report. The report makes practical recommendations to reduce BAME disproportionality in the Youth Justice System (YJS) of England and Wales.
David Lammy’s landmark review of racial bias in the Criminal Justice System (‘CJS’), made many key recommendations to help improve trust and fairness in the CJS when it was published in 2017. One of which was to expand the use of the deferred prosecution for adults and young offenders.
The aftermath of the death of George Floyd and the strength of feeling surrounding the Black Lives Matter movement should provide Police forces in the UK with a reason to re-assess their relationships with the communities that they serve.
The temptation to approach the adjudication of a student complaint as merely an ‘internal process’, is one of the most common errors made by some higher education institutions. The process adopted must be capable of examination by an independent and external eye to ensure that at each stage of the process, the rights of all individuals involved are protected.
Once an allegation is made against a student (or member of academic staff), either by another student, a member of staff or someone outside the university, it is important that that the University takes stock of the issue and acts carefully to ensure fairness to all parties.
University providers owe a duty of care towards staff members and students; this duty takes on particular significance during a disciplinary process and it is essential that Universities provide appropriate and relevant information and support to all parties involved in allegations of misconduct.
Getting it right from the start: University policies for dealing with non-academic misconduct complaints
What happens when a complaint is made to a University about the conduct of a student or a member of academic staff? What should the procedures for the resolution of these complaints look like and how can all parties be reassured that such allegations will be resolved fairly?
I May Destroy You, Part 3: A study of sexual assault - Voyeurism, Revenge Porn, Youth Justice and False Allegations
This blog series examines some of the sexual offences encountered by the main characters in the explosive 12-part BBC series, ‘I May Destroy You’. This final instalment focuses on a character called Theo and the events that occurred when she was a youth, during her high school years.
The impact of Coronavirus is significant and far-reaching for all children and young adults. For a youth justice system creaking under strain with serious delays, the lockdown has only compounded the problems and brings a raft of serious consequences. Timely justice is ever more important.
Where a student has had an unfavourable outcome from a university disciplinary process, that need not be the end of the road. It may still be possible for them to appeal or otherwise challenge the higher education provider’s decision.
Reflections on Westminster Higher Education Conference, Priorities for tackling sexual violence and harassment in higher education
At last week’s Westminster Higher Education (HE) Conference, speakers from Student Unions, Universities, to regulators and law firms discussed how best to tackle sexual violence and harassment in high education, including how to change campus culture and improve complaints and disciplinary processes. This blog summarises those discussions and reflects on where the sector’s key focus areas should be now.
Props are well known for their fondness of the ‘dark arts’ of Rugby, but over the weekend (7 March 2020) the England prop Joe Marler went a step further. In this blog, Matthew Hardcastle looks at the situation and explains whether it should be considered sexual assault or not.
Tucked in between the “reasonable worst-case” scenarios for food, trade and fuel is a stark one liner: “Law enforcement and information sharing between U.K. and EU will be disrupted”. The reduction in capability of law enforcement agencies that will come from a no deal will, according to government documents, be accompanied by an increase in cross-border crime.
Challenging the prosecution of weak cases and the lack of anonymity for those accused of sexual offences
The recent acquittal of our client, Oritsé Williams, once again puts a spotlight on the prosecution of rape and serious sexual offences, and the particular complexities faced by high profile individuals defending allegations of this nature.
The Serious Fraud Office (SFO) was established to investigate and prosecute cases involving serious or complex fraud, a mission that inevitably leads it to the corporate sector. In 2010, it was given two significant tools in dealing with companies: a simple route to corporate criminal liability for bribery cases in the Bribery Act 2010 (the stick); and a means of incentivising a company fixed with corporate criminal liability to co-operate with the SFO by entering into a deferred prosecution agreement (DPA) and so avoiding a conviction (the carrot).
As the Scottish Parliament raises the age of criminal responsibility to 12, the law in England & Wales becomes even more isolated from the rest of the Western World. The Equality and Human Rights Commission, in relying on the United Nations Convention on the Rights of the Child (UNCRC), a convention to which the UK is a signatory, continues to criticise the UK in no uncertain terms regarding our failure to raise the age from 10 (the lowest in the region) to 14.
Ministry of Justice figures show that 18 to 25-year-olds account for a third of the total social and economic costs of crime as victims or offenders, despite making up only 10 per cent of the population.