When an organisation suspects wrongdoing has taken place, it should conduct an investigation to establish the facts and prevent further wrongdoing. Such internal investigations often involve an organisation’s external and internal lawyers providing guidance on how to conduct the investigation and its scope.
When the suspicion of an offence has been identified it is important for a company to take advice from its lawyers so that any investigation process is clear, recorded and agreed before it is undertaken. If the advice is to conduct an internal investigation then a process for collecting and storing evidence must be agreed to ensure that if the matter is to be reported to the prosecution agencies in the future, there is no risk that evidence has been destroyed or compromised during the investigation. Consideration must also be given to issues of privilege. For a step-by-step guide to objective planning, see: Internal investigations into suspected offences—objectives and planning checklist, which summarises the issues which need to be considered when commencing an internal investigation into suspected criminal offences. It covers the setting of objectives and suggests actions to be taken to ensure
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
The appointment of new ministers by new Prime Minister Andy Burnham has resulted in a number of 'machinery of government' changes to departments. The...
The Office of Financial Sanctions Implementation (OFSI) has updated its UK Financial Sanctions FAQs by adding FAQs 197–202, which explain its Basic...
HM Courts & Tribunals Service (HMCTS) has updated its protocol for sharing court lists, registers and documents with the media. Jointly agreed with...
Law360 Expert analysis: Across 5–6 May 2026, the Serious Fraud Office (SFO), together with its French and Swiss counterparts, the Parquet National...
Preparing a PACE 1984 s 78 application for breach of Code D—checklistFor information on applications to exclude evidence under section 78 of the Police and Criminal Evidence Act 1984 (PACE 1984), see Practice Note: Exclusion of unfair evidence in criminal proceedings.For detailed guidance on
Applications for the return of property seized during criminal investigationsAny informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend on the authority under which the property was seized and whether the
Non-intimate samplesThe police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984). Non-intimate samples are defined as meaning:•a sample of hair other than pubic hair•a sample taken from a nail or from under a nail•a swab from any
Search of premises without a warrantThe powers of the police to enter and search premises are both extensive and various. The police may search premises on the authority of a warrant from a court, or without a warrant under a number of statutory powers. Many of these powers are governed by Part II
0330 161 1234