Service / IV
Searches and urgent investigative proceedings
We provide legal assistance during searches and other urgent investigative proceedings, protecting individual rights and the lawful interests of businesses.
When to engage us
- A search is taking place or anticipated at an office, production site or home.
- Officers are conducting an inspection or seizing records, property or devices.
- An executive or employee has been summoned for investigative proceedings.
- A completed search requires review, a challenge to procedural breaches or recovery of seized property.
If the search has already begun
- Do not physically resist.
Obstructing the search creates exposure of its own and improves nothing.
- Call counsel.
State the address, the authority conducting the search and the approximate number of people present. Do not set out the circumstances of the matter.
- Require production of the court warrant and of official identification.
Record the details: names, positions, the authority, the number and date of the warrant.
- Check what the warrant says.
Verify the address, the items and documents that may be searched for, and the period of validity. Record anything done outside those limits.
- Give no substantive explanations before counsel arrives.
You are entitled to decline to give explanations concerning yourself and close relatives.
- Do not delete files, correspondence or documents.
Such steps remove no exposure and create new exposure instead.
- Nominate a single point of contact.
Other staff should not comment on events or give explanations. Access to systems and storage media only as agreed.
- Check how each seized item is described in the record.
Devices must be identified individually: model, serial number, condition. General wording such as "a desktop computer" is not sufficient.
- Enter written objections before signing.
Obtain a copy of the record and of the schedule of seized property. Refusing to sign is not a substitute for objections.
This is general information and not legal advice on a specific situation. The appropriate course of action depends on the terms of the warrant, the procedural status of the person and the actual circumstances. Where possible, agree your actions with counsel.
What we do
Examine the legal basis and scope.
We review the documents presented, the officers’ powers and the legal basis for their demands. We establish the permitted scope and identify the client’s exposure.
Assist during the search.
We attend the investigative action, make applications and objections, and record breaches and facts relevant to the defence. We review the official record and inventory of seized property.
Assist during questioning and detention.
We explain procedural status, rights and obligations. We assist during questioning and other steps involving the individual. In detention matters, we examine the grounds and observance of the detainee’s rights.
Address seizures and digital information.
We examine the grounds for seizing records, devices and storage media. We make relevant applications and record the seizure and its operational impact. We coordinate with the responsible staff, including IT.
Arrange the subsequent defence.
We assess the action and resulting records. Where grounds exist, we challenge breaches, pursue return of property and identify the next procedural steps.
How we work
On first contact, we establish the location, agency, current stage and immediate concerns. Availability and arrival time are confirmed directly.
We identify whose interests require representation. We coordinate with management and employees while considering possible differences between corporate and individual interests.
Once the action ends, we agree the subsequent objectives, timing and scope.
Getting started
Provide the location, agency involved, a brief outline and a contact method. Documents and further details are arranged directly with counsel.