Police investigations into anyone begin when the police receive a report which gives them reasonable grounds to suspect that a crime has been committed. Such a report usually comes from the victim of a crime or from someone who may have witnessed or have been told about an incident. This can include a report being made by an individual’s employer, GP or other professional body.
Investigations by the police can run alongside other investigations conducted by regulatory bodies such as the General Medical Council, The Law Society of Scotland, Institute of Chartered Accountants in Scotland and General Teaching Council for Scotland. The investigation processes are separate, but information may be shared between the police and any other relevant regulatory body if appropriate.
Key stages of a police investigation involving a regulated professional
Gathering evidence: After they receive an initial report, the police will begin to investigate the matter by gathering all evidence. This will include a statement from any victim and from others who were present at the time of the incident or in some way involved. It can also include DNA or fingerprint evidence, CCTV or video footage and data from any electronic devices like mobile phones or laptops.
Interview: Once the evidence has been considered by the police, they are likely to want to interview the accused person under caution. This process involves the individual attending at a police station, being formally arrested on suspicion of a crime and then being interviewed. During this process, the police will ask questions about the allegation that has been made.
Following the interview, the police can either release the individual without charge or can charge them with an offence.
Released without charge: If they release someone without charge, the individual can be released with no further action/investigation expected or they can be released on investigative liberation. This occurs in situations where the police have further investigations to carry out and can manage any risk deemed to be posed by the individual by making them subject to certain conditions.
Charged with an offence: If the individual is charged with an offence, they will most likely be released following charge and given a bail undertaking. This requires the person to attend at court on a specified date to answer the case against them. Bail conditions are usually imposed, which may include conditions preventing our client from living at home, attending work, or contacting certain people. In some serious cases, the individual can be held in police custody to appear in court the next working day.
Interaction between criminal investigations and professional regulators
If an individual subject to a police investigation is a member of a regulatory body, the police can refer matters to the regulator and share information. A court order is not required for the sharing of information in these situations if it is done on public interest grounds, especially in cases which concern public safety and professional integrity.
It is for the regulatory body to then conduct their own investigation if deemed appropriate and consider whether there are any fitness to practice or other relevant conduct concerns. The outcome of this often depends on the facts and circumstances of each case and can differ depending on whether the police investigation results in the individual being prosecuted and subsequently convicted of an offence.
Rights, responsibilities and risks for a regulated professional under investigation
Anyone who is arrested and interviewed by the police has a number of rights available to them. These include the right to have a private consultation with a solicitor and the right to have a solicitor personally present for any interview. Even if an individual chooses not to take up these rights initially, they can change their mind at any time before or during the interview.
It is likely that a regulated professional will be required to inform their employer of any police investigation or arrest. However, this can be dependent on the specifics of the case. Depending on the severity of the allegation and the outcome of a police interview, this may result in temporary suspension or restrictions on practice.
Specialist advice from expert lawyers
If a regulated professional is contacted or visited by police officers, our specialist criminal defence lawyers offer immediate advice on how to deal with this issue. With expertise in managing police investigations and prosecutions, we regularly provide advice at an early stage, before an allegation is made, or before a police interview. We will liaise with the police to organise the interview at a convenient time, removing some of the stress and unknown away from the individual. We can be available over the phone morning or night, any day of the week and we can attend at the police station to be personally present for any interview. We can then advise on any future implications and concerns for the regulated professional depending on the outcome of the interview.
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Senior Solicitor
