CBA Lecture: Legal Professional Privilege in Criminal Investigations and Proceedings

Wednesday 15th January 2025

18.00 – 19.00

Online

Introduction: Paul Jarvis (6KBW College Hill ) – CBA Education Joint Chair.

Speaker: Will Hayes (Kingsley Napley)

Will is a Legal Director in the criminal litigation team with a practice focussing predominantly on serious and complex crime, extradition and INTERPOL Red Notices.

He was called to the Bar in 2013 and completed pupillage at a leading set of criminal chambers, during which he appeared in the magistrates’ court, youth court and crown court for trials, sentencing and other hearings on a daily basis. Since joining Kingsley Napley in 2017, he has gained extensive experience representing individuals and corporate clients in all types of criminal cases.

Legal professional privilege

Will is an expert on the law of legal professional privilege and its practical application to criminal cases and investigations. He regularly advises on complex privilege issues arising in a wide range of criminal cases and internal investigations. Prior to joining Kingsley Napley, he was instructed as independent counsel by the SFO to carry out a three-month privilege review in connection with a bribery investigation. He has written extensively on the topic and provides practitioner input to Law Society initiatives on privilege. Will has also co-authored Legal Professional Privilege in Criminal Investigations and Proceedings.

Will has co-written a book on legal professional privilege in criminal cases which was recently published by Oxford University Press.

There is a 30% discount code that can be used when purchasing the book from OUP’s website.  The code is AUFLY30

Access the discount here

Extradition, INTERPOL and international criminal law

One of Will’s main areas of expertise is extradition and INTERPOL. He represents clients defending extradition requests at all stages of proceedings, from initial arrest right through to appeals before the High Court, and in some cases continued assistance after extradition has taken place. Will also helps clients with the removal of INTERPOL Red Notices and applications for access to information held by INTERPOL. He has developed a comprehensive understanding of INTERPOL’s rules, principles and practices, allowing highly effective applications to be submitted to INTERPOL on behalf of clients. Recent work has focussed in particular on the USA, India and the UAE, although he is able to assist clients regardless of the jurisdiction in which they face criminal proceedings. His cases often involve highly sensitive political issues, complex questions of law and high profile clients.

Other international criminal law experience includes advising on mutual legal assistance requests to the UK, seeking diplomatic assistance for UK nationals facing criminal proceedings in foreign countries and conducting multi-jurisdictional internal investigations.

Serious and complex crime

Will’s other main area of expertise is serious and complex crime. This encompasses a wide range of large-scale, complex investigations and prosecutions brought by a number of authorities (including the police, CPS, SFO, HMRC and ICO), often involving highly technical subject matter and substantial volumes of evidence, with cases straddling both white collar crime and general crime. Recent cases have involved allegations of perverting the course of justice, corporate manslaughter, ill-treatment and wilful neglect by a care provider, gross negligence manslaughter, investor fraud, forgery, false accounting, insurance fraud, bribery, data protection offences and money laundering.

Criminal defence and police investigations

Will has represented clients in cases covering the full spectrum of criminal defence and police investigations, from serious road traffic, public order and drug offences, to allegations of serious violence, rape, sexual misconduct in the workplace and other sexual offences. Will has extensive experience of all stages of a criminal case, both in court and outside of court, from interviews under caution at the commencement of a criminal investigation to matters before the Court of Appeal.