You receive a phone call from a client. Their premises are being ‘raided’ and they have been arrested. What should you do?

The first things to do are:

Don’t panic!
Don’t think you will have all the right answers!
Then, remember your HRS

Raids on business premises and homes by the police/HMRC (or other regulatory bodies) are always unexpected by the client, who is unprepared for them and usually in a state of stress as a result. Such stressful and emotionally charged situations need specialist solicitors. If you are not a solicitor specialising in regulatory law, including dealing with raids, then the first thing to do when responding to your client is to remember your HRS and get in touch with our regulatory solicitors.

So, what does HRS stand for?

H is for

Have you got all your clients’ details? Make sure you get 1.) their full name, and 2.) the police station he/she has been taken to if they have been arrested.
Have you got the name and contact details for the officer(s) in charge? Ask the client or officer in charge for his contact number, email address and/or business card.

R is for

Resist trying to be too clever. You may dig a bigger hole for your client or worse, one for you.
Record everything that the client/or regulator (Police/HMRC etc) says if you speak to them.
Remember everything you say will be written down by the authorities.

S (and most importantly) is for

Specialist support is needed. A Jack of All Trades and Master of None is not the type of support that is needed in these situations. Always leave well alone and call one of the experts from Hanman Regulatory Solicitors immediately on:

David Hanman – 07515 345 491

Paolo Martini – 07740 245 797

Eric Williams – 07850 257 990

Sukhbir Mall – 07825 326 858

Neil Davies – 07825 326857

Key Information about raids

Arrests

To arrest someone, the police/HMRC etc. need reasonable grounds to suspect your client has been involved in a crime for which the client’s arrest is necessary.

They can make an arrest if a person is committing, has committed or is about to commit a criminal offence.

The police have powers to arrest anywhere and at any time, including on the street, at home or at work.

Once arrested the client will be taken to a police station for a criminal interview under caution.

Most people seem to think they can talk themselves out of a problem like this. Usually the opposite is true. Talking without the correct legal advice can be a serious mistake.

Voluntary interview

As an alternative to an arrest, the police/HMRC etc. may decide to ‘invite your client in for a chat’. This is called a voluntary interview under caution.

BEST ADVICE: Always get your client a firm of regulatory solicitors with the correct skill set to do the job.

Search Warrant

There may exist grounds to challenge the warrant. It may be defective so try to get a copy.

If your client’s domestic premises are searched, his/her business premises will almost certainly be searched too. It is likely you or his professional adviser will receive a visit from the authorities, with a search warrant or production notice.

Always keep copies of everything you give to the police/HMRC etc., and of material that the investigators leave with your client or on his/her premises.

What will be seized?

They will usually seize or download everything electronic:

mobile phones
laptops
desktop computers
anything that stores data
As well as hard copy documents

Try to obtain a note of what is taken. The police/HMRC etc., should leave a list of what they take in any event.

Ancillary Orders

You will have to be on the lookout for freezing orders all of which can have a devastating effect on your client’s business. Advice can be given on the following:

Bank Account Freezing Orders
Restraint Orders
Civil Freezing Orders

Pitfalls to be aware of

Two key things for the professional adviser, but non-lawyer, to be aware of when responding to clients who have been raided are Legal Professional Privilege and Suspicious Activity Reports.

Legal Professional Privilege (LPP) and Professional advisers who are non-Lawyers

If you are a professional adviser helping your client who has been raided, but you are a non-lawyer, remember that non-lawyers do not have the benefit of Legal Professional Privilege (LPP).
Our experience is that non-lawyers often seem to want to know everything that has taken place up to the raid and usually ask the client for information about the arrest and alleged offence(s). Our advice is to resist the urge to ask too many questions.
Why? Obtaining such information runs the risk of you, the professional adviser, having to make a Suspicious Activity Report (SAR) about what your client tells you about the arrest and offence(s), and
What you are told could be subject to a production order for anything the client tells you or provides to you.

Suspicious Activity Report (SAR)

A SAR may have to be made by you depending on what you have been told.

You will also have to take care when continuing to take funds from a client who has been arrested/interviewed for a white-collar crime. The possibility of a SAR needs to be taken into consideration.

Finally, can the client refuse to answer questions put to him/her?

There is always a risk of you telling the client what to do. Be careful.

Put simply, ‘Yes’, he/she can refuse to answer, but the dangers of an adverse inference need to be considered.

No comment can be the correct approach in interviews under caution, but the facts of each case will dictate the correct approach.

The use of a prepared statement (either pre or, most often, post interview) can be the correct approach in some cases.

A mixed approach can also be employed.

Conclusion – Be Careful. Call specialist Regulatory Solicitors

Regulatory law is a specialist area that needs specialist solicitors who are focused on the area, and helping clients who are subject to raids and arrest is a key part of that specialism.

Very often as a first port of call, the client being raided will contact their professional adviser, a solicitor or an accountant, who is not a specialist in regulatory law. The first thing to do is remember your HRS and get in touch with Hanman Regulatory Solicitors.

Unlike many law firms who offer legal advice in many areas of law, we focus totally on the area of regulatory law, so you can be sure of getting an expert lawyer to advise and defend your client. Take a look at some of our case studies.