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Working with Witnesses in Regulatory Investigations

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.

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Working with Witnesses in Regulatory Investigations

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  1. Working with Witnesses in Regulatory Investigations John D Fitzgerald BL

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

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

  4. 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?

  5. 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

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

  7. 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?

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

  9. Thank you

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