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How to read a decision to open a criminal case

Structure for the client: facts, qualification, episodes and what to demand from counsel in the first 48 hours.

2026-09-01 · 13 min read

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A decision to open a case is not a pre-conviction, but it sets the scope of investigative actions, restraint and reputational exposure for the family.

Read the narrative, not only the article cited: who, what, when, alleged damage, and on what evidence the conclusion rests. Errors in the narrative are entry points for complaints.

Typical mistake: rushing to give clarifying statements without strategy. Typical mistake: discussing the narrative widely in messaging apps — discretion protects capital and reputation.

In the first 48 hours with counsel: assess lawfulness of initiation, tactics for investigative steps, family and office communication, public perimeter control, document and witness lists.

Distinguish initiation in respect of a specific person from initiation on a fact — procedural status and risk differ, and delay in opposition can be costly.

The firm can prepare a short counsel note on the decision for the client and, where needed, the family office or internal compliance function.

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