Police Investigations of Regulated Professionals

 What is Pre-Charge Engagement?

 Pre-charge engagement refers to voluntary engagement between the   parties to an investigation after the first police interview. The Crown   Prosecution Service (CPS) are issued guidance on the importance of   engaging with defence solicitors at this early stage through the Attorney   General’s Disclosure Guidance, Annex B. The benefits of early   engagement before charges allows decisions to be made regarding   reasonable lines of enquiry and obtaining potential evidence which may   include:

• Obtaining witness statements
• Character references
• Indicating to the police that records/CCTV exists that may assist the case
• Informing the police of any third-party material that may be relevant

 What is to be proposed to the police or to the CPS will be established by   our expert team having examined your case, and following any   discussions with you about the allegations.

What will my employer do? 

 Although each professional body will have their own     procedures in place when initiating proceedings, all will follow   a similar initial approach to their investigation. Following   receipt of information that a member of their professional   body has been arrested, charged or convicted the regulator   will gather all relevant information such as any statements,   records or expert evidence relevant to the allegations and     their employment.

 They will also likely write to the professional setting out their   next steps and processes, they may also ask the professional   to attend a meeting, or interview with them. It is at these   meetings we would strongly advise that any person in this   position seeks legal advice, and where possible takes a lawyer   to the meeting with them. What you say and do in this   meeting can impact upon a criminal investigation and   therefore it is important that you understand the potential   consequences providing information or not providing   information can have. These meetings will be recorded   whether this be audio recording or by a person taking notes   during the meeting and these notes can be disclosed to assist   the criminal investigation.

Disciplinary proceedings within an educational setting

 Our services extend to youths who find themselves facing disciplinary     proceedings at school, college or university due to criminal allegations   and proceedings. We work with our clients to again, ensure that there is a   consistent approach taken throughout all aspects of the case and with     all investigatory bodies.

 Obtaining legal advice as soon as police involvement initiates gives the   accused the best opportunity to have some control over the   investigation, the impact on their career, and to constructively engage   with CPS and Police prior to charging decisions being made.