Working with Witnesses in Regulatory Investigations John D Fitzgerald BL

Regulatory Regulatory crime vs Traditional/ ‘real’ crime Complexity Volume and scope of investigation Differences in evidence and penalties Natural justice applies

Investigations What is the difference between an investigation and an inspection? When does an investigation begin? Do the same rules apply?

Witnesses What is the difference between a witness and a suspect? When does a witness become a suspect? Is there a difference between a suspect and a potential suspect? Should I tell a witness that they may be under suspicion? How much should I tell them of the nature of that suspicion?

Taking Statements When should the statement be taken? Can they be accompanied or legally advised? Must every word be recorded? What to leave out – irrelevant vs exculpatory material What to put in – relevant vs suggested/coached material Drafts and re-drafts Disclosure

Search Warrants When do I need a warrant? How much information should I put forward in seeking the warrant?

What Powers Does the Warrant Give me? Execution vs trawling exercise Power to search place or people present To what extent can the co-operation of those present be required – passwords, search terms etc.? Can material that is not relevant to the search be taken away? If the material is taken away for analysis, can the subject of the search be present for the analysis?

Search Warrants – What Problems Can Arise? Commercial Sensitivity Data Protection Privacy Privileged material

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