Investigations and Prosecutions
At Educarers we have considerable experience in advising and representing professional clients who face investigations and prosecutions. Our vast experience covers both criminal and regulatory investigations before the professional bodies.
Whilst it is not common for a teaching professional to be investigated it is essential that you have an adviser present who is experienced in this area. The police have the power to arrest upon a complaint being made and may detain the suspect in custody initially up to 24 hours (this can be extended). Interviews are normally recorded this is usually only an oral recording although in some cases they may also be video recorded. After the interview the police will either:
- release without charge or
- arrange for the suspect to return to the police station whilst further enquiries are made or
- if there is enough evidence they will charge.
In some cases the police may refuse bail after charge and keep the suspect in custody to appear before the court. It is essential that you have a specialist adviser.
Depending upon on the nature of the charge the case will be dealt with by the magistrate's court or the Crown Court. In general the more serious cases are dealt with by the Crown court.
We at Educarers have specialist experienced advisers who can provide professional advise and support at all stages of the case.
Young people between the ages of 10-17 that are charged with a criminal offence are tried in a youth court. The youth court cases are held in the magistrate's court but are kept separate from the adult court.
Representing Youths requires a different approach to that of representing adults as there are different sentencing powers and rules regarding the investigation, prosecution and sentencing of youths. Most cases are heard in the Youth Court but the more serious cases ("grave crimes") are heard in the Crown Court.
Professional Disciplinary Hearings
The Teachers Disciplinary Regulations are there to maintain the standards of professional conduct. The Professional Misconduct panel has various powers and sanctions which can range from warnings or reprimands to barring a teacher from practice.
At hearings before the council evidence is heard from witnesses just like a trial in a court of law. It is essential that a teaching professional has the right representation from an advocate that is experienced in the skills of cross examination and the presentation of witnesses.
If you or your child has a problem in this area, contact Educarers now.