Participating in an investigation
Participating in an investigation

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Participating in an investigation
  • The lawyer's role in an investigation

The lawyer's role in an investigation

A defence lawyer has the responsibility as an adviser to act in the best interests of their client, upon their client's instructions, subject to legality and the professional conduct rules. Their duty is to advance the legal rights of their clients.

Police station representation is crucial and may be the determinative part of any client's case. The right to a fair trial includes the right to legal advice and assistance at the police station.

The court has determined that not having the benefit of legal assistance at the police station was a violation of the European Convention on Human Rights, Arts 6(3)(c) and 6(1), and any confession or incriminating evidence obtained in such a way was inadmissible.

This has been confirmed in respect of Scottish legislation, which permits the detention of a person reasonably suspected of committing an imprisonable offence for up to six hours when they could be questioned but with no right of access to a solicitor. The Supreme Court confirmed that the rights of the defence would be irretrievably prejudiced if incriminating answers given during police interrogation without access to a lawyer are led by the prosecution.

The Court of Appeal described the police interrogation to trial as part of a continuous process involving the suspect from the beginning.

All the ordinary pressure of

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