Arrest or a criminal enquiry in The Gambia: first legal steps

What information is needed at the outset?

Identify the person involved, the police station or court if known, the nature of the allegation and any custody, interview or hearing information. If you are enquiring for someone else, explain your relationship and how the person can be contacted.

Keep any summons, notice, charge document or bail paper and record when it was received. Where the person’s whereabouts or safety are uncertain, contact the relevant authorities promptly as well as seeking legal assistance.

How should you prepare for legal advice?

• Write down the sequence of events while it is fresh.
• Preserve relevant messages, documents and other lawful evidence.
• Identify witnesses and what each personally knows.
• Record the next appointment, interview or court date.
• Explain whether another lawyer has already been instructed.

Ask for advice about the specific process and your rights and obligations. Do not destroy records, interfere with witnesses or rely on an informal promise that a serious allegation has been resolved.

What should a relative or employer understand?

Someone paying legal fees or making the first call is not necessarily the client. Authority, confidentiality and the accused person’s instructions need to be established. The firm may need to communicate directly with the person concerned before substantive decisions are made.

Keep public and social-media discussion of the facts to a minimum while seeking advice. Provide a private, accurate account through the communication arrangements agreed with the lawyer.

How is the legal work scoped?

The work may involve initial advice, reviewing papers, attendance or representation in proceedings. Ask what can be undertaken, which dates have been accepted and what fees or expenses apply. Do not assume that sending an enquiry confirms immediate attendance.

For a High Court decision or proposed appeal, see criminal court and appeal preparation. Where a business or property dispute also involves an allegation of wrongdoing, read civil and criminal issues.

Related guidance

• Court representation services
• High Court cases and appeals
• Preparing the first discussion