Immediate Action Required: The decisions made in the next hours matter most. Do not wait.
My phone or devices have been seized
Police have seized your phone, laptop, or other digital devices. Digital forensic examination will follow.
What You Must Do Now
The following guidance reflects the most critical strategic decisions at this stage of an investigation.
Strategic Action 1
Preserve all digital records and do not delete anything
The moment you become aware of a police or regulatory investigation, you must take immediate steps to preserve all potentially relevant records. Destruction or loss of material, even accidentally, creates serious additional criminal exposure.
Take no further action on any relevant device or account. Do not delete emails, messages, or files. Do not overwrite or reformat storage. Seek immediate advice on document preservation obligations.
Do not delete emails, WhatsApp messages, Signal conversations, or any other communications. Do not reformat, wipe, or dispose of any electronic device. Do not instruct others to delete records.
Why this matters
Perverting the course of justice and conspiracy to obstruct are standalone offences carrying custodial sentences. Even inadvertent destruction of evidence, if the investigation was known, can be prosecuted.
This guidance is general in nature. Preservation obligations depend on the specific circumstances. Take personalised legal advice immediately.
The Most Common Mistakes At This Stage
The following mistakes are made repeatedly by people in your position, often with serious consequences.
- 01
Deleting data from remaining devices
- 02
Discussing the matter digitally
- 03
Failing to preserve relevant records
Read More About Your Situation
Detailed strategic guidance on the specific aspects of your situation.
How Craig MacKenzie Can Help
The following services are directly relevant to your situation.
The wider picture
What else could this affect?
An investigation rarely stays in one place. These are the areas that, depending on the facts, may also need to be considered.
Your devices and data
Digital devices and data are often central to investigations; how they are handled should be approached carefully and lawfully.
Your privacy
Protecting privacy, including who knows what and when, is often a central concern and can be planned from the outset.
Your record
The outcome of an investigation may affect whether a criminal record arises, which can have consequences that reach well beyond the case itself.
Your reputation
An allegation, even one that is never charged, can create reputational exposure that benefits from a considered, strategic approach.
Before you act
The decision you may be facing next
People in your position often face one of these decisions before anything else. Each one is best made with advice, not under pressure.
Should I hand over my phone or devices?
Should I answer questions in interview?
Should I seek pre-charge representation now?
access
Direct Partner Access
Your case is led personally by Craig MacKenzie. You have direct access to your solicitor, with all key decisions, strategy and advice provided at partner level. Behind the scenes, Craig is supported by an experienced legal team to ensure your case is progressed efficiently without compromising on the quality of advice.
confidentiality
Professional Confidentiality
Enquiries and instructions are handled with the professional confidentiality obligations that apply to solicitors. Client matters are not discussed with third parties.
Do You Require Advice About Your Circumstances?
This material provides general information and is not a substitute for advice about a specific investigation or case.
Craig provides legal services exclusively through Forbes Solicitors. To make an initial enquiry, contact Craig at:
craig.mackenzie@forbessolicitors.co.uk
An enquiry does not constitute an instruction. Forbes Solicitors must confirm in writing that it has accepted the matter before any solicitor–client relationship arises.