BREXIT: The law and practice referred to in this Practice Note may be impacted by Brexit. For further information on the potential impact, see: The effect of Brexit on UK...
Environmental incidents often happen without warning and with significant consequences. It can be easy in those circumstances to fail to maintain a clear head about...
Co-operation by a corporate entity is key to obtaining a deferred prosecution agreement (DPA) as both the judgments approving DPAs entered into to date and speeches given...
This Practice Note provides a quick reference guide to the bodies that have the power to raid organisations, their authority for doing so and the scope of their powers....
What is the CMA? From 1 April 2014, the Competition and Markets Authority (CMA) took over many of the functions of the Competition Commission and the Office of Fair...
What is the FCA? The Financial Conduct Authority (FCA) regulates financial services firms operating in the UK and providing services to consumers. It also maintains the...
What is the HSE? The Health and Safety Executive (HSE) is the national regulator for work-related health and safety in Great Britain. Its mission is to prevent death,...
What type of police could I encounter? The police broadly investigate most offences in the UK. The police force in the UK has different divisions depending on geography...
What is the SFO? The Serious Fraud Office (SFO) investigates serious or complex frauds and corruption that often involve an international element or are otherwise likely...
Financial Conduct Authority interviews The Financial Conduct Authority (FCA) can conduct interviews in three different formats: • voluntary • compulsory, and • under...
Search and seizure—the law The FCA has the power under the Financial Services and Markets Act 2000 (FSMA 2000), s 176 to apply to a magistrate for a warrant to enter...
Click here to download the latest Government Investigations 2020 report 2020, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are...
In the immediate aftermath of an incident, it is of paramount consideration to have an incident management team appointed and deployed. See Practice Notes Health and...
HMRC can investigate suspected tax-related criminal offences in England and Wales using the powers, and subject to the safeguards, in the Police and Criminal Evidence Act...
On 1 January 2017, the Department for Business, Energy and Industrial Strategy’s (BEIS) Criminal Enforcement Team transferred to the Insolvency Service. The Insolvency...
Preliminary steps Before any action is taken it is important to consider: • the event which has created the suspicion of fraud in the company • the financial impact this...
The following questions and issues should be at the forefront of a lawyer’s mind when advising in relation to an internal investigation on suspicion of bribery. This...
This Practice Note considers legal professional privilege (LPP), which is made up of legal advice privilege and litigation privilege. It considers, in detail, the various...
The reality is that if an external lawyer is approached to conduct an internal investigation on behalf of a client into suspected criminal offences, then, assuming that...
If an external lawyer is approached to conduct an internal investigation on behalf of a corporate client into suspected criminal offences, then, assuming...
Who is the investigator? Collecting, preserving and examining evidence is central to any investigation, whether an internal company investigation, an internal...
This Practice Note deals with the compulsory power to provide documents under section 2 of the Criminal Justice Act 1987 (CJA 1987) (section 2 notices). For a separate...
Lawful authority to seize and retain property (subject to legal professional privilege) following a search of premises can be achieved in four different ways: • under a...
Self-reporting is the process by which a business can report to law enforcement agencies upon its discovery of financial or other wrongdoing within the business, with a...
What are the powers under section 3 CJA 1987? Any member of the Serious Fraud Office (SFO) designated by the director for this purpose may disclose any information...
The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauled the legal framework governing the use of covert surveillance by...