Legal issues
Potential parallel issues include contractual reporting duties, professional rules, internal disciplinary procedures, safeguarding processes and enhanced DBS disclosure. The precise obligations vary by profession and should not be assumed from the fact of a police investigation alone.
An enhanced DBS certificate can in appropriate circumstances include relevant non-conviction police information where the statutory test is met. That does not mean every allegation or investigation is automatically disclosed.
Evidence that matters
The criminal evidence may include communications, CCTV, location data, witness accounts, medical or forensic material and device evidence. Professional material is different and may include employment terms, regulator correspondence, internal policies, safeguarding notices or DBS material.
The two sets of material should be coordinated but not collapsed into one undifferentiated case. A criminal representation must address the criminal charging issues; a regulator or employer may be applying a different legal or professional standard.
Reasonable lines of enquiry
Reasonable criminal enquiries can include complete communications, CCTV, location evidence, witnesses and properly founded third-party material. Where those enquiries could materially affect the charging assessment, they should be identified promptly.
Separately, the client should establish the exact reporting or cooperation obligation under the relevant regulatory code, contract or safeguarding framework before making avoidable disclosures.
What happens next
After police interview the criminal investigation may continue while an employer or regulator starts its own process. The existence of one process does not determine the outcome of another.
Where the criminal case remains pre-charge, focused defence work may include evidence preservation, reasonable enquiries and representations. Any professional notification or response should be planned around the actual obligation and the risk of inconsistency with the criminal account.
Immediate steps
Preserve all criminal evidence and all professional correspondence. Do not provide an improvised narrative to an employer or regulator before checking whether a response is required and how it may be used.
Record deadlines separately: police bail or review dates, internal employment meetings, regulator notification periods and any DBS or safeguarding correspondence.
What should you send us?
Send the allegation; police and interview documents; bail/RUI status; profession and regulator; employment terms where relevant; employer or regulator correspondence; safeguarding or DBS material; key defence evidence; and a chronology of both criminal and professional events.