- within Criminal Law, Employment and HR and Intellectual Property topic(s)
- in Canada
Case study summary
MMS successfully represented a client who faced serious historic allegations of child cruelty, neglect, physical abuse. Following representation at a voluntary police interview, the investigation concluded with No Further Action being taken against our client.
Case study
Our client was invited to attend a voluntary interview under caution in relation to serious allegations made by family members concerning events said to have taken place many years earlier. The allegations included child neglect, physical abuse and indecent assault.
Our client was extremely vulnerable, having been subjected to abuse herself in the past. She was incredibly anxious after being contacted by the police and contacted our firm to assist. Before the interview, our specialist criminal defence team carefully reviewed the police disclosure and took detailed instructions from the client. Our client firmly denied the allegations and provided an extensive account of the relevant family history, her relationships with the complainants and the circumstances surrounding the events raised by the police.
Given the historic nature and breadth of the allegations, we advised the client to provide a detailed prepared statement. This allowed her denial and account to be placed formally before the police in a clear and structured way, clearly setting out parts of where it was possible to demonstrate the allegations were untrue. This also avoided exposing her to the risks of attempting to recall numerous events from many years earlier in response to questioning. The prepared statement was read at the interview, after which the client answered no comment to further questions.
Following the interview, the police continued their investigation. The matter ultimately concluded with confirmation that no further action would be taken against our client.
This outcome demonstrates the importance of obtaining specialist legal advice at the earliest stage of a police investigation. Careful preparation before interview, a thorough analysis of the disclosure and a properly drafted prepared statement can be crucial in ensuring that a client’s account is presented accurately and effectively.
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