At Yates Ardern, we have a specialist investigation department headed by our managing director, Tim Chapman.
Our Investigation Department
We understand the stress and the worry investigations have on you, your family, your career and reputation. Tim Chapman has developed a proactive approach in investigations with the aim to reach a conclusion at the earliest opportunity and where possible avoid court proceedings which helps alleviate stress and costs.
Below are some of the type of investigations that we deal with:
Police criminal investigations/pre-charge.
There are generally 2 ways the police investigate by arresting you or by way of voluntary interview.
Under Arrest
You will be taken to a police custody suite. The reason for the arrest may be because of the seriousness of the allegation or because the police have other concerns such as preservation of evidence or they wish to conduct a house or other property search.
Voluntary Interview
This is where the police make arrangements for you to go into a designated police station. You do not have to attend and you can leave the interview at any time although in certain cases that might mean that the police will arrest you.
Interview Under Caution
It is important to have an experienced specialist investigation solicitor with you to advise you of your rights and ensure that the questioning is fair and in compliance with the law.
Some people think they do not need a solicitor because they are attending voluntarily or are not guilty. We believe it is essential that you have a solicitor there to explain the nature of the allegation being made, to advise on the law in relation to identification parades, searches and seizures of documents and property.
The most important reason is to advise you on the police disclosure and your rights in interview.
What Happens in a Police Interview?
Before the interview the police officer should have provided disclosure about the allegations against you. Your solicitor will go through the disclosure and provide advice and plan for the interview.
In the interview this should be recorded either audio only or sometimes it may also be video recorded. The officer will provide their name and rank and you will be asked to provide your name and date of birth. Any other persons present such as your solicitor will also be asked to provide their name. The police officer will then caution you and ask if you understand the caution. Many officers also break down the caution and explain the constituent parts. When the officer is satisfied that you understand the caution he or she will ask you a series of questions about the allegation. At the end of the interview the interviewing officer will conclude by noting the time that the interview is finished.
Released on Bail - What does it mean?
This normally occurs after you have been questioned and the police release you with a date and time to return to a police station. If you do not attend on that date and time without good reason then you commit an offence of failing to surrender and you can be arrested for this offence and kept in custody. Bail can be with or without conditions these are restrictions and can include for example residing at a particular address or reporting to a police station.
Under Investigation - What does it mean?
This normally occurs after an interview and you have been released. The police are continuing to investigate the allegation. Although there are no restrictions like bail the problem is that once the police obtain more information they may re arrest you rather than simply arranging for you to attend the police station.
What can The Investigation Department help me with ?
Our investigation department under Tim Chapman have developed a pro active approach and can assist in a number of areas.
Here are some of the areas that we can assist you with:-
- Obtaining evidence on your behalf to support your case
- Locating defence witnesses and taking independent witness statements
- Submitting arguments and reasons to the Crown Prosecution Service as to why you should not be charged
- Providing alternate disposals to charges to the police or the Crown prosecution service
- In relation to police Bail- providing arguments to object to extensions of bail, removing of bail conditions or varying bail conditions
- Advising with the press , employers and professional bodies
Funding
Although legal aid is available for police station interviews it does not cover pre or post consultation interviews , proactive work such as obtaining documents or witness statements to submit to the police to stop the investigation.
We have developed a PREMIUM PRIVATE SERVICE under our Senior Director Tim Chapman. We can offer an initial fixed fee advice interview of up to 2 hours for £450.00 plus VAT. For more complicated work we can provide you with quotes depending on the amount of work to be done.
Professional disciplinary investigations.
Our Investigation Department under Tim Chapman have experience of dealing with professional bodies including dentists, GMC for Doctors, Teachers SRA for lawyers, nurses , prison officers.
These investigations are often complicated as they involve both the professional bodies and your employer who may launch their own investigation. This means there is both regulatory law and employment law matters to consider.
Other investigations.
The Department for Work and Pensions Fraud and Error Service
They are involved in investigating benefit fraud. This can include not reporting a change of circumstances or providing false information.
HMRC
HMRC includes special civil investigations criminal prosecutions self assessment enquiries VAT and customs visits penalties and appeals.
NHS Counter Fraud Authority (NHSCFA)
These can involve false qualifications or registrations , bribery , false or fictitious expenses.
Regulation.
We know the effect that an investigation can have on you and your business. The stress and cost and distraction that an investigation can cause from running the business can be considerable. Unfortunately some people think they can deal with the matter themselves only to find that the problem becomes worse.
Our Investigation department deals with all types of regulatory matters including:
- Companies House with Director Disqualification
- Environmental Agency
- Trading Standards
- Health and Safety
- Professional Drivers including tachograph cases and overloading Driver Vehicle Standards Agency (DVSA)