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Dawn raids

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Unannounced investigations (dawn raid) can create disruption to your organisation and may be the start of legal proceedings leading to significant damages or fines for your business, individuals involved and even disqualification for directors.

A number of regulators/entities have powers to carry out a dawn raid at your premises. These include:

  • competition & markets authority
  • industry regulators
  • HMRC
  • serious fraud office
  • information commissioner’s office
  • solicitors executing search orders

If you are the subject of such an investigation it is important to take immediate steps to ensure your business is protected on the day. Our business disputes lawyers are ready to help.

How our dawn raids lawyers can help you

Our team of legal experts are able to provide you with immediate assistance. Our 24/7 emergency response hotline (+44 (0)330 022 6005) gives access to our fully trained team of dispute resolution lawyers based across multiple sites.

Our Dawn Raid Solutions App (available on Apple i-Store and Google) prepared by our business disputes solicitors provides detailed information on Dawn Raids which may assist you.

  • Our clients

    • chemical companies
    • pharmaceutical companies
  • Our experience

    Our team of trained dispute resolution solicitors can assist you with any investigation, helping to:

    • explain the investigators’ processes
    • challenge investigators’ authority
    • supervise the investigation and how to protect your rights e.g. to claim legal privilege or issues of confidentiality
    • handle questioning of individuals by investigators
    • provide post-investigation advice on key considerations e.g. leniency applications
    • prevent and mitigate reputational issues

    We also provide services for:

    • drafting policies and procedures for your business
    • training on handling a dawn raid for your business
    • trialling your procedures with a mock dawn raid
  • FAQs

    Do I have to let the inspectors in?

    Yes, it is a criminal offence to intentionally obstruct the investigating officers for example by refusing them access to the premises but check carefully the extent of the authorising document as to the scope and subject of the authorisation and which premises are to be inspected. The CMA may have a warrant. The inspectors may be prepared to wait for a short period until your legal advisers arrive. The search must not exceed the scope of the inspection decision/warrant.

    Do I have to let the inspectors have access to our IT system?

    Yes, provided the document authorising the search makes provision for searching IT systems and this should be checked, it is a criminal offence to intentionally obstruct the investigating officers, this includes all media storage and hardware.  It will be necessary to involve your IT personnel in this process as an explanation of how the company’s IT resources are organised, stored and preserved may be required. It will be necessary to cancel all routine document destruction.

    Legal advice to the company is generally considered to be subject to legal advice privilege and inspectors are not entitled to see it. You may need to show the inspectors the letterheads/signatures to establish that the documents originate from lawyers but you will not be required to show the contents. A company may also rely on the privilege against self-incrimination in respect of any documentation.

    Are the inspectors entitled to inspect employees’ cars?

    Yes, even private residences can be searched if approved by a judge. Personal computers, mobile phones and diaries may also be inspected if these contain business records.

    How long will a dawn raid take?

    The dawn raid will usually take place during business hours but can last for more than 1 day. If the inspectors intend to return, they will notify you of this and may put entry seals on rooms/doors they have yet to inspect. It is important that these seals are not broken as that could be used as evidence of obstructing the investigators.

    How many inspectors will attend?

    There could be up to 20 depending on the size of the organisation and extent of the search to be carried out. The inspectors will usually bring their own IT personnel and may take an image of your IT system for future review.

    Can the inspectors ask questions?

    Check the scope of the authorisation but generally yes, the inspectors can ask employees questions usually in respect of the documents inspected. Questions should relate to the subject matter of the investigation. If an employee refuses to be interviewed or provides misleading information, the company may be fined. It is not a defence to say the question relates to confidential information although employees may rely on the privilege against self-incrimination when responding. A note of all questions and answers should be taken and if it becomes clear that any response is incorrect or misleading, a written correction should be provided subsequently.

  • Case studies

    Recent experience includes:

    • Advising a multi-national chemical company on its dawn raid procedures
    • Attending a dawn raid at a client’s premises by HMRC
  • Useful links

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