Being asked to go to a police station for an interview under caution is always worrying, especially if you really have no idea why. If you face this situation it’s almost never a good idea to attend without an experienced lawyer, even if you are not asked to attend by the police but perhaps instead by the Local Authority who also have legal rights to request individuals attend an interview under caution.

David Roy, our specialist criminal lawyer, has been representing suspects in interviews under caution for 35 years and has covered the vast majority of possible criminal law offences. David is experienced not just in police interviews but also with Local Authority, trading standards, DWP, HSE, Insolvency and fraud related interviews. You can rely on David’s experience if you need a lawyer to help with an interview under caution.

Is an interview under caution always by the police?

No and in fact many interviews under caution for potential criminal offences are not conducted by the police, but instead by Government departments or regulators who also have powers to investigate and prosecute under the Police and Criminal Evidence Act 1984 (PACE).

Whether you are asked by the police or any other agency to attend an interview under caution, we can help. We are experienced in advising clients asked to attend interviews by : 

• The Police – in relation to any criminal offence from assault to complex fraud.
• HMRC – for suspected tax fraud, tax evasion or issues with import and export.
• Local Authorities – for breach of copyright offences and food standards infringements.
• The DWP – over irregularities regarding a claim including care allowances, disability allowance, Housing or Council tax or other benefits related investigations.
• The Serious Fraud Office – often involving Multi-National companies where systemic wrongdoing has been uncovered such as bribery, corruption or major fraud.
• The Health and Safety Executive – regarding accidents in the work place or unsafe working practices.
• The Environment Agency – such as illegal waste disposal, breaches of licences granted to deal with waste, obstructing or polluting water courses.
• The Department of the Environment, Food and Rural Affairs (DEFRA) – for breach of regulations in the farming and food provision industry.
• The Insolvency Service – fraudulent trading, breach of Director’s Disqualification Orders, defrauding creditors by preferring some over others.

Legal rights with an interview under caution

Although many interviews under caution are conducted when the suspect is under arrest, it is often the case that the police will contact a suspect and invite them to attend for an interview under caution voluntarily.

You are legally entitled to refuse to attend an interview under caution, although this is rarely advisable. If you refuse to attend,  you may then be arrested and taken into custody to enable the interview to take place.

If you do choose to attend volunatrily, your rights and legal position are :-

• You are not under arrest.
• You can opt to terminate the interview and leave at any time.
• You have the right to have a legal advisor with you.
• Prior to the interview under caution commencing, you will be provided with adequate disclosure of the matter being investigated so that you can understand why you are being questioned.

Why do the police not just arrest me?

All interviews regarding a criminal investigation are conducted under caution, this is to ensure that any information provided by the suspect during the interview can be used in any court proceedings that follow but also to reinforce the fact that all suspects have a right of silence.

The police may want to interview you in connection to an allegation that has been made, however, there could be several reasons why they want to ask you questions before possibly arresting you, including :

• If there is not enough evidence to arrest you
• It saves having to take a suspect into custody which is time consuming and an unpleasant experience for the suspect;
• There are time limits imposed by the Police and Criminal Evidence Act 1984 as to how long a person can be kept in custody without charge. This can be problematic for the police with complex investigations such as fraud committed over a long period of time.
• Certain government departments, for example councils or the DWP, do not have powers of arrest so can only interview you if you agree. However, if you refuse they could pass their investigation onto the police to pursue on the behalf (and consequently arrest you to ensure your attendance).

What will happen when I attend the police station?

When you attend the police station, your solicitor will attend with you.

What happens after the interview?

It is not unusual to hear nothing for quite a while, leaving you with some anxiety for weeks afterwards. The outcomes are:

• You will face no further action and that is the end of the matter.
• You may be requested to attend a further interview under caution.
• Depending on the nature of the possible offence and your previous history you may be offered an out of court disposal, for example a caution or community resolution. It should be noted that you will have had to admit the offence for a caution or community resolution to be offered.
• You are charged, either immediately or by postal requisition in which case you will receive a court date in the post.

If you need highly experienced legal advice and representation for an interview under caution please do get in contact with us.