A Guide to Businesses' Rights in Criminal Investigations

Businesses, like individuals, have the right to access criminal justice services when they are victims of crimes. Recognising and exercising these rights is vital; it allows organisations to receive the necessary support while assisting an underfunded police force and prosecution service with their essential work.

The Victims’ Code

The Victims’ Code provides a set of standards regarding how the Criminal Justice System should support corporate victims of crime. The code applies equally to individuals and businesses, but companies can only access the services if they provide a named point of contact.

The code identifies 12 rights for victims. These include the right to report crimes to the police and expect a professional investigation while receiving regular updates about the progress of their case.

The code also ensures that affected businesses are treated fairly and receive appropriate support and guidance. Additionally, businesses can claim certain expenses from attending court and giving evidence.

Collaboration with the Police and Criminal Justice System

Accessing these services helps protect businesses as victims but also plays a pivotal role in making criminal investigations more manageable and efficient.

A fundamental way to enhance collaboration is for victims to gather and preserve evidence effectively; this strengthens investigations and assists the Police and Crown Prosecution Service (CPS) in exercising their duties.

Businesses should secure and back up digital records, keep physical evidence safe and in good condition, maintain logs of suspicious activities, and conduct internal investigations to identify signs of criminal activity early. They should also communicate openly with the relevant authorities so investigations can progress smoothly.

Training and Awareness

Businesses regularly face threats, including fraud, cyberattacks, and security breaches. To help prevent such incidents, organisations should train employees to identify signs of suspicious activity and know what to do. Developing and communicating clear policies for dealing with criminal activities is also a great way to minimise their potential impact while assisting with future investigations.

The Right to Privately Prosecute

The nature of our overloaded and underfunded criminal justice system means public prosecution is not always forthcoming. In that situation, businesses have the right to pursue private prosecutions.

While this route can be complex and costly, it offers businesses another way to minimise business disruption, protect their brand, hold criminals accountable and deter others from similar criminal activity. Companies should seek legal advice to understand the merits of their case, the procedure, and must meticulously gather and preserve evidence to increase the likelihood of success.

Contact CFL for a free and confidential consultation to see how our dedicated and personalised service can support you. From business audits and training to a bespoke business protection package, CFL can tailor its service to its clients’ needs.