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...
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