Investigation in UK Law

Leading Cases
  • Richard v British Broadcasting Corporation
    • Chancery Division
    • 18 Julio 2018

    It seems to me that on the authorities, and as a matter of general principle, a suspect has a reasonable expectation of privacy in relation to a police investigation, and I so rule. As a general rule it is understandable and justifiable (and reasonable) that a suspect would not wish others to know of the investigation because of the stigma attached. The fact of an investigation, as a general rule, will of itself carry some stigma, no matter how often one says it should not.

  • R v Osbourne
    • Court of Appeal (Criminal Division)
    • 08 Diciembre 1972

    The Rules contemplate three stages in the investigations leading up to somebody being brought before a Court for a criminal offence. The first is the gathering of information, and that can be gathered from anybody, including persons in custody provided they have not been charged. At the gathering of information stage no caution of any kind need be administered.

  • Chic Fashions (West Wales) Ltd v Jones
    • Court of Appeal (Civil Division)
    • 12 Diciembre 1967

    It will be noticed that Mr Justice Horridge relied on the fact that the documents were used in evidence at the trial. But I cannot think that is a necessary condition to justify their seizure. It may often happen that, on investigation, the prosecution decide not to go on with the case. The seizure must be justified at the time, irrespective of whether the case goes to trial or not. It cannot be made lawful or unlawful according to what happens afterwards.

    In my opinion, when a constable enters a house by virtue of a search warrant for stolen goods, he may seize not only the goods which he reasonably believes to be covered by the warrant, but also any other goods which he believes on reasonable grounds to have been stolen and to be material evidence on a charge of stealing or receiving against the person in possession of them or anyone associated with him.

  • Dabas v High Court of Justice in Madrid, Spain
    • House of Lords
    • 28 Febrero 2007

    I wish to stress, however, that the judge must first be satisfied that the warrant with which he is dealing is a Part 1 warrant within the meaning of section 2(2). A warrant which does not contain the statements referred to in that subsection cannot be eked out by extraneous information. The requirements of section 2(2) are mandatory. If they are not met, the warrant is not a Part 1 warrant and the remaining provisions of that Part of the Act will not apply to it.

  • Roy v Prior
    • House of Lords
    • 07 Julio 1970

    Immunities conferred by the law in respect of legal proceedings need always to be checked against a broad view of the public interest. So checked, the present case provides no justification for protecting absolutely what the solicitor said in the court.

  • R (Hoverspeed Ltd) v Commissioners of Customs and Excise; R (on the application of Andrews) v Commissioners of Customs and Excise
    • Queen's Bench Division (Administrative Court)
    • 31 Julio 2002

    When a vehicle is selected for investigation, it is directed into a search area where officers speak in more detail to the driver and any passengers, covering topics such as details of travel arrangements, places visited, and length of journey. The officers assess the answers and reactions to questioning. Checks are made of the NEDS database and manifest information to see whether there are records of recent travel.

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Books & Journal Articles
  • Homicide Investigation
    • No. 40-10, October 1967
    • Police Journal: Theory, Practice and Principles
    • 0000
    We invited Mr. Lockley to review Homicide Investigation by Le Moyne Snyder, published by Charles C. Thomas, Springfield, Illinois, U.S.A., at $14. His article was so interesting that we decided not...
  • The European Investigation Order
    • No. 1-4, December 2010
    • New Journal of European Criminal Law
    • 0000
    This article presents a critical evaluation of the latest EU proposal in the area of judicial cooperation in criminal proceedings. Whilst a framework decision on requests for evidence was adopted i...
  • Investigation committee.
    • No. 2009, November 2009
    • Financial Management (UK)
    • Institute update
    ...The committee found a prima facie case for Ravinder Garcha ACMA to answer concerning an alleged failure to exhibit professional behaviour by failing to provide a copy tax return and appeal to penalty notice to a client; failing to return documents; a......
  • Investigation committee.
    • No. 2010, November 2010
    • Financial Management (UK)
    • Institute update
    ...The investigation committee found a prima facie case for Lindsay Neil Burgess FCMA to answer in relation to a complaint that he had acted unprofessionally in: failing to respond to correspondence from a client, failing to produce the draft accounts, ......
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Law Firm Commentaries
  • UK Launches Motor Insurance Market Investigation
    • JD Supra United Kingdom
    The Office of Fair Trading (OFT) has referred the UK’s private motor insurance market to the Competition Commission (CC) for an-depth investigation because it suspects that the market may not be wo...
  • OFT Indicates Possible Bank Competition Investigation
    • JD Supra United Kingdom
    On February 16, the Office of Fair Trading (OFT) published a speech by its Chief Executive, John Fingleton, addressing issues with respect to competition in the UK banking sector. Mr. Fingleton...
  • Attempt to stop SFO investigation fails
    • JD Supra United Kingdom
    The Queen on the application of Soma Oil & Gas Ltd v Director of the Serious Fraud Office [2016] EWHC 2471 (Admin), 12 October 2016 - An on-going bribery investigation can severely affect a co...
  • Investigation reports get your facts straight
    • JD Supra United Kingdom
    In this article, we focus on investigation reports in disciplinary matters, and the lessons investigators can learn from the latest decision of the Employment Appeal Tribunal (EAT) in the case of D...
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Forms
  • Investigation or enforcement proceedings (court, insolvency, tax) (CIT)
    • HM Land Registry Forms
    Application form CIT: to access information for use in connection with court proceedings, insolvency and tax liability.
  • Costs budget (Precedent H) and budget discussion report (Precedent R)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Preparation of Particulars of Claim, ... Defence, Reply, including taking ... instructions, instructing counsel and any ... necessary investigation ... Considering opposing statements of case ... and advising client ... Part 18 requests (request and answer) ... Any conferences with counsel ... ...
  • Form N161
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Appeal Civil Division forms including form N244 to apply for a court order.
    ... ... no real difference would be made to the outcome of the ... case; or the appeal would involve re-examining the factual ... investigation undertaken by the lower court ... Set out briefly and on a separate sheet your reasons why you ... think the judge’s decision was wrong or unjust ... ...
  • Respondent's notice (For all appeals except appeals to the Family Division of the High Court)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... where no real difference would be made to the outcome ... of the case; or the appeal would involve re-examining the ... factual investigation undertaken by the lower court ... Asking the court to uphold a decision is not an appeal ... but you must give reasons if asking for it to be upheld ... ...
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