10th January 2017
Interview under caution
Every day Cartwright King’s expert solicitors and legal advisors represent clients in interviews under caution throughout the country. We can provide you with advice and assistance wherever you are based.
Most interviews under caution take place at short notice, after an initial arrest or a raid by the authorities. However, increasingly the police and other agencies are relying upon interviews arranged voluntarily. If you have been invited to such an interview, even though you may have been told that you will not be arrested, it is still vital that you obtain proper advice from us as the investigators still suspect that you have committed a criminal offence.
In lengthy and complex investigations you may be subject to more than one interview. It may be that you are then bailed to a future date to enable the police to make further enquiries. The results of which may form the basis of a further interview. If your investigation is serious and complex but you were represented by the duty solicitor in your initial interview, you may benefit from the assistance of one of our specialist solicitors as your case progresses.
Free Initial Telephone Advice
To discuss your options, the process and for confidential advice please call us on freephone 0808 168 5550 or email firstname.lastname@example.org and we'll call you back.
We can help you with the following interviews:
- Serious Fraud Office
- National Crime Agency
- DWP – benefits & housing benefit
- Job Centre
- Council / Local Authority
- Environment Agency
- DVSA / VOSA
- Voluntary interviews
- Internal Arrest Warrants
- Other regulatory agencies
What is an interview under caution?
A police interview under caution is an interview that is conducted in accordance with the Police and Criminal Evidence Act. The caution is administered at the start of the interview and must be given if you are being asked questions where it is suspected that you have committed an offence. The purpose of the caution is to warn you that although you have a right to remain silent, if you do so a jury may draw what is known as an “adverse inference” at any later trial.
Why have I been invited?
Increasingly, the police are turning to interviews by invitation rather than arresting individuals in order to interview them. They may do this because although they will have received a complaint that they wish to investigate, and they believe that you are involved, they do not have sufficient evidence to arrest you. Alternatively, it may be that they know that their investigation is likely to be lengthy and they wish to avoid the obligations placed upon them when dealing with individuals under arrest.
Other agencies, such as the DWP do not have powers of arrest and can therefore only interview you if you consent, although if you refuse to attend an interview voluntarily they may pass their investigation over to the police to pursue.
What will happen?
As you are not under arrest, you are free to leave and stop the interview at any time. However, in some circumstances, attempting to do so may lead to you being arrested. Unlike if you were under arrest you will not have your photograph and other forensic samples taken from you and you will not have to spend any time in police custody. The interview will however, be recorded and you are entitled to have a solicitor present.
How we can help?
Just like being under arrest, you are entitled to have a solicitor present during the course of the interview to ensure that the questioning is conducted fairly, and that your rights are upheld. Your solicitor will be provided with some pre-interview disclosure, which should help to establish why the police think that you are involved in any particular allegation. You will then have an opportunity to discuss this with your solicitor in confidence prior to the interview. They can provide you with advice as to whether it would be in your best interests to co-operate with the interview or not.
Why you should have a solicitor?
You should always have a solicitor present in an interview under caution. The solicitor is your representative and is there to safeguard your interests. He or she will discuss the case with you, analyse the disclosure given by the investigators and ask you about your potential responses. The interview procedure is perhaps the most important stage of any criminal investigation. It is at that crucial early stage, before the views of the investigator are fully formed, that you can influence the course of the investigation to your benefit. However, anything that you say could be used as evidence against you at trial.
It may be that you can provide an explanation that satisfies the investigator that no offence has been committed or you may be able to present facts that will later form the basis of your defence at trial. It may be that you choose to exercise your right to silence - you do not have to say anything in answer to any of the questions.
Making the right decision at this early stage is crucial to your case, and our expert legal advisers can advise you as to the right course of action for you.
You may be entitled to legal aid, we will asses your eligibility at the time you instruct us and in the event of you not being eligible we will offer fixed fees or a transparent pricing structure. It may be that legal aid is available to you for attendance at a voluntary interview under caution. However, if you wish to aggressively defend your case, or to have a specific Solicitor act on your behalf, we can offer clients a range of fee options ranging from competitive hourly rates to, where appropriate, fixed fees.
How to get in contact
If you would like us to attend an interview with you, please call us on 0808 168 5550 or email email@example.com.
Cartwright King is a national criminal defence law firm with offices across the country. We have offices in London, Nottingham, Manchester, Birmingham, Leeds, Sheffield, Newcastle Gateshead, Bedford, Bolton, Derby, Leicester, Luton, Milton Keynes, Northampton, Reading, Wellingborough & Worcester and thus we can represent you wherever you are based.
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You can always call us on 0808 168 5550 or email on firstname.lastname@example.org
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