Witnesses

We frequently act as independent lawyers (often called Independent Legal Advisers (ILA) because we are not connected to the prosecution) for witnesses in criminal investigations conducted by the Serious Fraud Office (SFO), Financial Conduct Authority (FCA), police and other investigating and prosecuting authorities.

We are familiar with the powers of these agencies, some of which allow agencies to compel witnesses to attend interviews, and can advise on the options available to you as a witness.
 
We act for witnesses in both small and large scale investigations.  Some of the larger fraud cases start with an internal investigation conducted by an employer or ex-employer.  We are experienced in advising witnesses at this early stage, but with the experience and knowledge to help you understand the wider issues and where the investigation may lead.  We can liaise with the employer whilst acting in the best interests of the witness at all times.

We can help obtain disclosure of materials in advance of any interview and will review and analyse that material in order to make sure that a witness gives their best account to the authorities and avoid mistakes and confusion which could be used to undermine their account should the witness be called to give evidence.
 
We  frequently represent witnesses where  multiple agencies wanting to investigate the same facts, for example the SFO criminal offences and the FCA looking at regulatory breaches. Many of the cases involve global investigations where we work with advisers from other jurisdictions.

Witnesses may be eligible to have their legal fees paid for  during an investigation. We can advise on those options and liaise with the funding body on behalf of the witness.

Relevant experience

  • ILA for multiple bank employees in various aspects of the investigation into FX and Libor
  • ILA for multiple bank employees in SFO investigation into allegations of making false and misleading statements
  • ILA for bank employees in request for co-operation by Irish authorities
  • ILA for multiple bank employees in FCA investigation into insider trading
  • ILA for multiple employees of construction company in HSE investigation into accident
  • Representing Chairman and Finance Director of recycling business in an Environment Agency investigation

 

Witnesses Insights

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Blogs

Caution Needed - Private Prosecutions and Criminal Cautions

FAQs: Compensation for victims of crime

Starting a private prosecution; getting it right first time

The good, the bad and mixed motives: when will the private prosecutor’s motives justify stopping the prosecution?

Helen’s trial In ‘The Archers’ shows juries get it right

From the Archers to Archbold – week ending 04/09/16

From the Archers to Archbold week ending 21/08/2016: Part 2: Special measures

From the Archers to Archbold week ending 21/08/16 - Part 1: Character building

From the Archers to Archbold week ending 21/08/16 - Part 1: Character building

How the Yates memo has brought the ‘long arm of the law’ stiflingly close

From the Archers to Archbold week ending 15/05/16

From the Archers to Achbold - week ending 24/04/16

From the Archers to Archbold – week ending 17/04/16

From the Archers to Archbold – week ending 10/04/16

Fitness to plead - time to codify the test?

A critical analysis of Sir Keir Starmer’s Victims of Crime Etc (Rights, Entitlements and Related Matters) Bill

Michael Caplan QC offers evidence to justice committee hearing on young adult offenders

Criminal court procedure - 2015 in review

Resentencing the Krays

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+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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