LEGAL GUIDANCE
When civil disputes and criminal allegations overlap in The Gambia
Separate the allegation of an offence from questions about contracts, compensation, property or repayment, and obtain advice on each process.
Why can the same events create different issues?
A disputed payment, damaged property or contested business transaction may lead to both private claims and allegations of wrongdoing. The existence of a complaint does not by itself establish guilt, and a criminal allegation does not automatically resolve ownership or the amount of a civil debt.
Give the lawyer the full picture, including any police report, court papers, agreement and settlement proposal. Avoid presenting the matter as only one type of case if another process is already under way.
Which facts should be kept separate?
- What was agreed between the parties.
- What each party says happened and the evidence supporting it.
- The loss, debt or property remedy being sought.
- The allegation being investigated by the authorities.
- Any dates, orders or obligations in each process.
A clear chronology can serve both reviews, but the legal tests and procedural steps need their own assessment. Do not assume that an outcome in one process automatically disposes of the other.
What should be considered before making statements or settling?
Ask how a proposed statement, admission, repayment or settlement may affect the other proceedings. A private agreement may not have the effect on an official investigation that the parties expect.
Keep communications accurate and preserve evidence. Do not use threats of criminal allegations as a substitute for proper advice on recovering a civil debt, or pressure a witness to change their account.
How can the work be coordinated?
Identify the client, existing lawyers and all current proceedings. Agree who will advise on each issue and how relevant information will be shared. Where interests differ between a company, director, employee or family member, separate representation may need consideration.
For initial criminal assistance, see arrest and criminal enquiries. For a private claim, read civil litigation. For unpaid accounts without a criminal allegation, start with the debt recovery service.
Related guidance
Published by Solie Law Chambers. Updated . General guidance; the advice for your matter depends on its facts and applicable law.
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Discuss overlapping civil and criminal issues
Describe the underlying event, any complaint or proceedings, the remedy sought and the next relevant date.
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