CRAIG MACKENZIE

Understanding Criminal Investigations: A Strategic Guide

What really happens, why early decisions matter, and how Craig MacKenzie approaches criminal investigations to help clients make better decisions under pressure.

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Table of Contents

Criminal Investigations Begin Before You Know They Exist

Most people believe a criminal investigation begins with a telephone call from the police, a knock at the door, an arrest or a request to attend a voluntary interview. By that stage, the investigation has often been underway for some time. Investigators may already have spoken to witnesses. They may have gathered documents, reviewed digital material, obtained CCTV, analysed financial records or formed an initial theory about what they believe has happened. In some cases, specialist agencies or regulators may already be involved. The first contact with the suspect is therefore frequently not the beginning of the investigation. It is simply the moment the investigation becomes visible. That distinction matters because it changes the way every early decision should be approached.

Many people instinctively believe that the priority is to respond as quickly as possible. They want to telephone the officer back immediately, explain what has happened, reassure their employer, speak to colleagues, or begin collecting evidence before they fully understand why they have been contacted. Those reactions are understandable. They are also capable of creating unnecessary risk. An experienced criminal defence solicitor begins somewhere different. The first question is rarely, "What should we say?" It is: "What is actually happening?"

Before any meaningful decision can be made, it is necessary to understand the investigation itself. What is the allegation? Who is investigating? How far has the investigation progressed? What information is already available to the investigators? What assumptions appear to have been made? What procedural stage has been reached? Only once those questions have been explored is it usually possible to decide how, when and whether the client should participate further. This is why early legal advice is about far more than preparing someone for a police interview. The interview may become important, but it is only one event within a much larger investigation. Good strategic advice begins by understanding the wider landscape before deciding how to move within it.

The First Contest Is Not About Evidence. It Is About Control.

When people discover they are under criminal investigation, their instinct is almost always the same: they want to respond. They want to return the officer's telephone call, explain the misunderstanding, answer questions, reassure their employer, contact colleagues or start gathering evidence immediately. Those reactions are entirely understandable. They are also exactly the point at which many investigations begin to move faster than the client is able to think. Pressure has a way of creating false urgency. A police officer asks whether you can attend a voluntary interview tomorrow morning. An employer wants an explanation before the end of the day. Family members want to know what has happened. Colleagues begin asking questions. It quickly feels as though every decision must be made immediately. That feeling can be misleading.

An experienced criminal defence solicitor does not begin by asking, "How quickly can we respond?" The first question is: "Who is currently controlling the pace of this investigation?" Control is not about delaying for the sake of it. Nor is it about obstructing the investigation or refusing to engage. It is about ensuring that important decisions are made deliberately, with sufficient understanding of the position, rather than simply because someone else has imposed a deadline. Sometimes that means moving quickly. If evidence needs to be preserved, a witness needs to be secured, or early representations may prevent a charging decision, speed may be essential. At other times, the right decision is to slow the process down just enough to obtain disclosure, understand the allegation properly, advise the client calmly and decide whether immediate participation genuinely serves their interests.

The pace should always serve the client's strategy. It should never be dictated solely by anxiety, assumption or artificial urgency. This is one of the most important principles in Craig MacKenzie's approach to criminal investigations. The objective is not simply to prepare someone for what happens next. It is to create the conditions in which every important decision is made under control rather than under pressure. Once that has been achieved, the investigation can be approached strategically instead of reactively.

Every Early Decision Creates Later Consequences

One of the most common misconceptions about criminal investigations is that they are a series of separate events. The police make contact. An interview takes place. A decision is made. The case moves forward. In reality, investigations rarely unfold as isolated stages. Each decision influences the next. Every conversation, every document provided, every explanation offered and every strategic choice can shape the direction of the investigation that follows.

A seemingly straightforward decision to attend a voluntary interview without first understanding the allegation may affect the questions that are asked, the evidence investigators choose to pursue and the options available later in the case. An early explanation given in good faith may become the account against which every later statement is judged. The decision to hand over digital devices without understanding the scope of the investigation may expose material that would otherwise have required careful legal consideration. Even decisions made outside the criminal process can have lasting consequences. Speaking to colleagues, attempting to explain matters to an employer, contacting a complainant or discussing the allegation on social media may all alter the landscape in ways that cannot easily be reversed.

None of this means that every early decision is wrong. It means that early decisions deserve careful thought because they often have consequences that only become apparent much later. This is why Craig MacKenzie's approach begins with understanding before participation. Before deciding whether to respond, attend, explain, disclose or challenge, the first task is to understand the investigation itself. Only then is it possible to assess which decisions advance the client's position and which may unintentionally make it more difficult to protect. Strategic criminal defence is rarely defined by one dramatic moment. More often, it is shaped by a series of measured decisions made at the right time, with the right understanding, for the right reasons.

The Criminal Investigation Is Often Only Part Of The Problem

For many people, the criminal investigation is only one part of a much wider problem. The police investigation may be the most immediate concern, but it is often accompanied by a series of parallel pressures that develop at the same time. An employer may begin an internal investigation. A professional regulator may need to be considered. A company board may require answers. A governing body may become involved. Business partners may have concerns. Family members may be affected. In some cases, there is also the prospect of media attention or reputational damage. These developments do not always happen. When they do, however, they rarely occur in isolation.

Each decision made in one process has the potential to influence another. An explanation given to an employer may later become relevant to the criminal investigation. A statement made to a regulator may need to be considered alongside any future police interview. A public response intended to protect a reputation may create unnecessary difficulties if it is inconsistent with the legal strategy. For that reason, experienced criminal defence solicitors do not look only at the police investigation. They look at the wider landscape. The question is no longer simply: "How do we respond to the police?" It becomes: "What are all the consequences of this allegation, and how can each of them be managed without creating unnecessary risk elsewhere?"

The answer will be different in every case. A doctor may need to consider professional regulation alongside the criminal investigation. A solicitor may also be thinking about their firm's obligations and the potential involvement of the SRA. A company director may be concerned about shareholders, lenders, insurers or parallel investigations by other authorities. A professional sportsperson may be thinking about their club, governing body, sponsors and public profile. A business owner may be focused on protecting employees, customers and commercial relationships. A private client may be concerned above all with discretion, family, privacy and reputation. Although the circumstances differ, the strategic principle remains the same. Every significant decision should be made with an understanding of the wider picture, not just the immediate legal issue. This broader perspective is one of the defining features of Craig MacKenzie's approach. A criminal investigation should never be viewed in isolation if there are other interests, responsibilities or reputations that also require protection. The objective is not simply to defend the allegation. It is to protect the client's overall position while the investigation unfolds.

Pressure Changes The Quality Of Decision-Making

When people become aware they are under criminal investigation, the greatest danger is not always the allegation itself. It is the pressure the investigation creates. Pressure has a remarkable ability to compress time.

A police officer asks whether you can attend an interview tomorrow morning. An employer wants an explanation before the end of the day. Family members want answers. Colleagues begin asking questions. Every conversation seems to demand an immediate response. It quickly feels as though every important decision must be made at once. That perception can be misleading. In many investigations, the greatest strategic risk is not that decisions are made too slowly. It is that they are made before the position has been properly understood. People naturally want to reduce uncertainty. Faced with an allegation they may feel an overwhelming urge to explain themselves, correct what they believe to be a misunderstanding or demonstrate that they have nothing to hide. Those instincts are entirely human. They are not always strategically helpful. An experienced criminal defence solicitor recognises that decisions made under pressure are often decisions made without sufficient information.

Before deciding how to respond, it is usually necessary to understand what investigators already know, what they are seeking to establish, how far the investigation has progressed and whether immediate participation genuinely advances the client's interests. Sometimes the correct strategy is to move quickly. Evidence may need to be preserved. Representations may need to be made before a charging decision. Delay may increase the client's exposure or allow avoidable problems to develop. At other times, the most valuable thing a solicitor can do is create enough space for careful judgement. That is not delay for its own sake. It is the deliberate creation of time to obtain disclosure where possible, understand the investigation, advise the client properly and ensure that the next decision is made for the right reasons. This is one of the central principles of Craig MacKenzie's approach. Good strategic defence is rarely about reacting more quickly than everyone else. It is about making the right decision at the right time, with the clearest possible understanding of the investigation and its wider consequences. Because once an important decision has been made, it cannot always be undone.

Strategic Defence Begins Before The Interview

For many people, the police interview feels like the defining moment of a criminal investigation. It is undoubtedly important. But it is rarely the first strategic decision. Long before anyone enters an interview room, there are questions that can fundamentally alter the way the investigation develops. What is the precise allegation? What disclosure, if any, can be obtained before the interview? Is there a realistic opportunity to postpone the interview to allow proper preparation? Are there parallel risks involving an employer, regulator or business that also need to be considered? Should representations be made before the client gives an account? Does immediate participation genuinely advance the client's position, or does it simply satisfy the investigation's timetable? These are not procedural questions. They are strategic questions. They require careful judgement because every investigation is different. There are no universal answers and no standard formula that can simply be applied to every case. That is why Craig MacKenzie's approach begins with understanding the investigation before deciding how to participate in it.

Sometimes the correct strategy is to engage with investigators at the earliest opportunity. Sometimes it is to obtain further disclosure before deciding how best to proceed. Sometimes it is to coordinate the criminal defence with employment, regulatory or commercial considerations before any substantive response is given. The objective is never to follow a predetermined script. It is to make decisions that reflect the facts of the particular case, the evidence available, the wider risks facing the client and the long-term consequences of every significant step. By the time a police interview takes place, many of the most important strategic decisions should already have been considered.

Preparation is not simply about rehearsing answers. It is about understanding the investigation well enough to ensure that every decision made during the interview supports the wider strategy rather than undermining it. For that reason, strategic defence does not begin when questioning starts. It begins much earlier, with the disciplined process of understanding the investigation before becoming part of it.

Every Investigation Reaches Strategic Decision Points

Criminal investigations do not usually change direction because of one dramatic event. More often, they change because a series of important decisions are made at the right time, with the right understanding, or because those opportunities are missed. As an investigation develops, certain moments have a disproportionate influence on everything that follows. The first contact with the police. A request to attend a voluntary interview. The execution of a search warrant. The seizure of digital devices. The decision to answer questions, remain silent or provide a prepared statement. Release on bail or under investigation. The point at which the police decide whether to seek a charging decision. Each of these moments creates choices. Those choices should never be approached in isolation. The right course of action depends upon the evidence available, the procedural stage reached, the wider risks facing the client and the objectives the defence is trying to achieve. That is why experienced criminal defence solicitors think in terms of decision points rather than simply events.

Every significant step should answer three questions. What do we know? What do we not yet know? What decision best protects the client's overall position?

Sometimes the correct decision is to engage. Sometimes it is to challenge. Sometimes it is to wait until the position is properly understood. There is no universal strategy because no two investigations are identical. What matters is that every important decision is made consciously, with a clear understanding of both its immediate effect and its longer-term consequences. For clients, this often changes the way they think about the investigation. The objective is no longer simply to reach the end of the process. It is to make each important decision well enough that the next stage begins from the strongest possible position. That is the essence of strategic criminal defence.

The Right Advice At The Right Time Can Change The Direction Of An Investigation

Most criminal investigations reach a point where an important decision has to be made. Whether to return the police officer's call. Whether to attend a voluntary interview. Whether to provide an explanation. Whether to disclose information. Whether to inform an employer or regulator. Whether to challenge an investigative decision. Whether to wait until the position is better understood. Each decision may appear to concern only the immediate problem. In reality, each one has the potential to influence everything that follows. That is why the purpose of early legal advice is not simply to answer legal questions. It is to create the conditions in which good decisions can be made. That begins with understanding the investigation, identifying the risks that matter most, establishing who and what may be affected, and developing a strategy that reflects the client's particular circumstances rather than following a standard formula. For some clients, the immediate priority is protecting their liberty. For others, it is safeguarding a professional career, preserving a business, managing regulatory obligations or protecting a lifetime's reputation.

No two investigations are identical because no two clients face exactly the same consequences. The strategy should reflect that reality. Throughout this guide, one theme has remained constant. Strategic criminal defence is not defined by reacting more quickly than everyone else. It is defined by understanding more clearly than everyone else what is happening, what matters, and what should happen next. That is the approach Craig MacKenzie brings to every case. Not because every investigation follows the same path. But because every client deserves decisions that are informed, deliberate and made with a full understanding of the wider picture.

If you have recently been contacted by the police, arrested, asked to attend a voluntary interview or become aware of a criminal investigation, the most important step is not simply to prepare for the next event. It is to understand the investigation before the investigation begins to shape your decisions. Because once you understand what is really happening, you are in a far stronger position to decide what should happen next.

What Strategic Criminal Defence Is Really Trying To Achieve

Many people assume the purpose of a criminal defence solicitor is simply to respond to the allegation. That is only one part of the role. Strategic criminal defence begins much earlier and extends much further. Its purpose is to understand the investigation, identify the decisions that will shape its direction and protect the client's position at every stage of the process. Sometimes that means challenging the evidence. Sometimes it means obtaining further disclosure before important decisions are made. Sometimes it means making carefully considered representations before a charging decision. Sometimes it means coordinating the criminal defence with parallel employment, regulatory or commercial issues. And sometimes it means advising a client not to make a decision until there is enough information to make it properly. The strategy will always depend on the facts of the individual case.

The objectives, however, remain remarkably consistent. An experienced criminal defence solicitor is trying to achieve several things at the same time. To understand the investigation before responding to it. To ensure that important decisions are made deliberately rather than under pressure. To protect the client's liberty, reputation, career, business and future wherever those interests are genuinely at risk. To preserve strategic options for as long as possible, rather than allowing unnecessary decisions to close them. To identify weaknesses, assumptions or gaps in the investigation before they become embedded. And, where possible, to influence the direction of the case before formal positions become fixed. These objectives are rarely achieved through one dramatic moment. More often, they are achieved through careful preparation, disciplined judgement and a series of well-considered decisions made throughout the investigation. That is why strategic criminal defence is not simply about answering allegations. It is about protecting the client's overall position while the investigation continues to develop. Every investigation presents opportunities and risks. The solicitor's role is to recognise the difference between them, reduce avoidable risk wherever possible and ensure that every significant decision moves the client towards the strongest available position. Ultimately, the measure of good criminal defence is not how much activity takes place. It is whether every important decision has been made with a clear understanding of the facts, the risks and the client's wider objectives.

That is the approach Craig MacKenzie brings to every case. Not a predetermined formula. Not a standard script. But a disciplined process of understanding first, thinking strategically and acting only when the next step genuinely serves the client's interests.

What To Do If You Are Facing A Criminal Investigation

If you have recently been contacted by the police, arrested, asked to attend a voluntary interview or become aware that you are under investigation, it is entirely natural to feel that you need to act immediately. In reality, the most important first step is rarely to provide answers. It is to understand the position before making decisions that may influence everything that follows. Every investigation is different. The nature of the allegation, the evidence already obtained, the procedural stage reached and the wider consequences for the individual will all shape the strategy that is appropriate in that particular case. There is no universal formula. There are, however, a number of principles that apply consistently. Understand the investigation before participating in it. Avoid making important decisions simply because you feel under pressure. Consider the wider consequences beyond the criminal allegation itself. Ensure that every significant step is taken deliberately and for a clear strategic reason. Seek advice before events begin to dictate the direction of the case.

These principles sit at the heart of Craig MacKenzie's approach to criminal defence. They reflect the belief that good outcomes are rarely the product of good fortune. More often, they are the result of disciplined thinking, careful preparation and a series of well-judged decisions made at the moments when those decisions matter most. If your situation is developing now, the next step will depend on where you are in the investigation. You may have been contacted by the police for the first time. You may have been asked to attend a voluntary interview. You may have been arrested and released on bail or released under investigation. The police may have searched your home or business. You may be worried about the effect the investigation could have on your career, your professional registration or your reputation. Wherever you are in that process, the objective remains the same. To understand what is really happening. To identify the decisions that matter. And to ensure that every step taken from this point onwards strengthens, rather than weakens, your overall position.

The articles and guidance throughout this website explore each stage of that journey in greater detail, explaining the strategic issues that commonly arise and the considerations that often shape the decisions made at each point. Because while every investigation is unique, the need for clear thinking, careful judgement and strategic advice is remarkably consistent.

Frequently Asked Questions

Should I explain my side of the story to the police as soon as possible?

Not necessarily. Many people believe the quickest way to resolve a criminal investigation is to explain what happened at the earliest opportunity. Whether that is the right approach depends entirely on the circumstances. Before deciding whether to provide an account, it is important to understand the allegation, what information investigators already possess, what disclosure is available and how your explanation fits within the wider investigation. In some cases, an early account may be appropriate. In others, speaking before the position has been properly understood may create unnecessary difficulties that are hard to undo. The critical question is not simply whether to speak, but whether the time is right and the strategy has been properly considered.

What is the most important principle in a criminal investigation?

The most important principle is to understand the investigation before making decisions that become part of it. Criminal investigations often create pressure to act quickly, but speed and strategy are not the same thing. Every significant decision, whether to speak, attend an interview, provide information or engage with investigators, should be made with a clear understanding of the allegation, the evidence, the procedural stage and the wider risks involved. Strategic criminal defence is not about delaying for its own sake or responding as quickly as possible. It is about ensuring that every important decision is made deliberately, with the best available understanding of the investigation and its likely consequences.

Has the police investigation already started before they contact me?

Yes, it often has. Many people assume a criminal investigation begins when the police telephone them, make an arrest or request a voluntary interview. In reality, investigators may already have gathered evidence, spoken to witnesses, reviewed CCTV, analysed digital material or formed a working theory before making first contact. The first approach by the police is therefore frequently the point at which the investigation becomes visible to you, rather than the point at which it begins. Understanding that distinction is important because it changes how early decisions should be approached.

Why is early legal advice so important if I have done nothing wrong?

Many people believe that if they have nothing to hide, the quickest way to resolve matters is simply to explain what happened. While that instinct is understandable, criminal investigations are rarely decided by honesty alone. They are influenced by timing, evidence, disclosure, procedure and the wider context of what investigators already know. Early legal advice is not about preventing someone from telling the truth. It is about ensuring that important decisions are made with a proper understanding of the investigation, reducing avoidable risk and protecting the client's wider interests before positions become fixed.

What is the biggest mistake people make when they discover they are under criminal investigation?

The most common mistake is allowing pressure to dictate decisions before the position has been properly understood. People often feel they must respond immediately, explain themselves, satisfy an employer or attend an interview as quickly as possible. In some cases, prompt action is appropriate. In others, taking time to understand the allegation, obtain legal advice and consider the wider implications is the better course. The objective is not to delay unnecessarily but to ensure that important decisions are made deliberately, with a clear understanding of the investigation and its potential consequences.

Can a criminal investigation affect my career or professional reputation even if I am never charged?

It can. Depending on the circumstances, a criminal investigation may have implications beyond the criminal process itself. Employers may begin internal investigations. Regulated professionals may need to consider reporting obligations or parallel proceedings involving their regulator. Company directors, business owners, public figures and professional sportspeople may also face commercial or reputational consequences. The appropriate response will depend on the facts of the individual case, but it is important to consider the wider impact of an investigation rather than focusing solely on the criminal allegation.

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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:

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