The recent high profile arrests of directors and city traders in raids by the Serious Fraud Office, Financial Services Authority and police remind businesses and city professionals that they should be prepared for every eventuality in the current climate. However it is not just in respect of allegations of bribery, corruption and insider dealing that arrests can be effected by the police. The police and other prosecution authorities do not give advance warning of their intentions to attend a place of work in order to make an arrest. The following is a guide of what to do if the worst happens:

The first step if officers arrive unannounced is to contact the Legal or HR department. A designated person should engage in dialogue with them to establish ground-rules and arrangements for how any arrest/s and or/searches can proceed with the minimum of disruption to others in the workplace. By being co-operative from the outset, one can retain control over the situation until contact has been made with specialist criminal lawyers who should be instructed as soon as practicably possible.

The police must have reasonable grounds for believing that the person they wish to arrest is on the premises. If the officers propose to arrest any person/s, they must give the caution first: “You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.” [Code C of the Police and Criminal Evidence Act 1984: 10.5]

The last section of the caution is critical and until those in question have had the benefit of legal advice, they should say nothing on arrest. Any unsolicited statements may become significant and ultimately incriminating should the matter proceed to charge.

Remember that the police can only enter a place of work without a search warrant under certain circumstances, including to enforce a warrant for arrest or to arrest a person in connection with certain offences.

In cases where the officers in question have a search warrant, their conduct is governed by Code B of PACE relating to Search and Seizure. There are a number of practical steps to take in this scenario:

1) Ask to see the search warrant which should set out the exact address and the property or items sought in the course of the search;
2) Ask for identification details of those officers exercising the search and take a note of their names and rank. Always include details of all prosecution agencies involved in the search;
3) Make a contemporaneous note of questions from officers and any dialogue and your response/s, and;
4) If there are a number of officers present, note their location at all times.

Officers may ask personnel to identify the whereabouts of property and/or documentation. It is important to remember that reasonable and proportionate force can be used to locate documentation in the absence of guidance or co-operation.

Of course, a search of premises can be effected with consent of the owner: however, be aware that should consent be given for a search to take place, for example with the assumption that this may be limited to a person’s desk area but not necessarily to a person’s private locker, one must be mindful of the fact that the implied consent does not allow the police to extend their search to such private property.

The police may attempt to seize computer hardware and if so, ensure that a request is made that the hard drive should be imaged and that this should be expedited. Should there be an attempt to seize documentation which it is believed is the subject of Legal Professional Privilege, one must declare this fact in order that the documentation in question can be marked as such and that in due course, it can be viewed by Independent Counsel.

If a person is arrested at their place of work, the police should take them to a police station as soon as practicably possible. On arrival, remember that they have the right to communicate at any time with a solicitor by telephone or in person under Code C 6.1 of PACE. They also have the right to notify someone that they have been arrested.

Should that person have contact with a colleague, friend, family member or solicitor on the telephone before their specialist criminal lawyer arrives at the police station, it is better to assume that such conversations can be overheard.

Once they have had an opportunity to consult with their lawyer, they will be interviewed. They will be cautioned again although it is not as straightforward as the initial caution administered on arrest as adverse inferences can be drawn from silence in certain circumstances.

At this stage of course, the detained person will have had the benefit of advice in private consultation from a specialist criminal lawyer. In essence the tactics for dealing with an interview are that a person should either give a full comment interview, not answer questions at all or submit a pre-prepared statement. These approaches should never be combined.

A person’s detention at the police station can be for 24 hours and up to 96 hours in exceptional circumstances although an Inspector will undertake regular reviews of any person's detention to ensure that there is expeditious investigation.

Following interview, the lawyer will seek an indication from the police regarding their intentions. There is a possibility that a further interview may take place if a search of premises is still ongoing. If there is significant paperwork or a substantial amount of further investigation to take place, then it is likely that the person will be given police bail pending further enquiries (that is unless there are particular objections to bail by the police).

Finally under PACE Code E 4.19, concerning the record of interview, save for the contemporaneous notes that will have been taken by their lawyer, the person arrested will only receive a copy of the interview tape if they are charged with any offence.