Can I refuse to be interviewed under caution?
There is no express legal requirement that a person suspected of having committed an offence must be interviewed under caution before any decision as to whether to prosecute is taken.
Why have I been asked to attend an interview under caution?
If you have been asked to attend an Interview under Caution it is because the Council has obtained evidence that suggests you may have committed a criminal offence in respect of housing benefit and/or council tax reduction. There is no legal obligation on you to come to an interview.
Is an interview under caution serious?
An interview under caution is an interview conducted in line with the Police and Criminal Evidence Act. The caution is “you do not have to say anything but it may harm your defence if you do not mention something when questioned that you later rely on in court. Anything you do say may be given in evidence”.
How do I prepare for a police interview under caution?
Before your interview under caution, the custody officer will explain your rights, including the right to call a friend or relative to tell them where you are, the right to medical help should the need arise, the right to see written information on codes of practice including food and toilet breaks, the right to an …
What happens after interview under caution?
What happens after the interview? Following your interview under caution, you will be free to leave. Sometimes the officer will be able to tell you straight away what is going to happen. Usually, the Police or the Crown Prosecution Service (CPS) will have to consider the case and then decide how to proceed.
Does an interview under caution Show on DBS?
DBS checks only show police information. Therefore, unless the matter has been dealt with by the police, or has resulted in you receiving a criminal conviction, housing benefit and DWP interviews will not show up on DBS checks.
Will an interview under caution show up on a CRB check?
What happens after a police caution?
The evidence required by the police to issue a caution is the same as would be required to take a case to court. So, if you refuse to accept a caution, the police could decide to refer your case to the Crown Prosecution Service who may decide to charge you and take you to court.
Is it best to say no comment in a police interview?
There is no magic to the phrase no comment. It is simply a device for a suspect to indicate that they have no intention of answering police questions. It allows the police to put questions and the interview to progress easily.
What is a voluntary interview under caution?
A voluntary police interview or interview under caution is a formal conversation with police that usually takes place at a police station. You do not have to attend and you can leave at any time once the interview has begun.
Is a compliance interview the same as interview under caution?
‘Under caution’ means that they will tell you what rights you have during the interview. Being asked to go to a compliance interview is not the same as an interview under caution. An interview under caution is a special type of interview that should only be used when there is some reason to suspect there may be fraud.
How serious is a police caution?
Although a caution is not a conviction, it forms a part of a person’s criminal record and can be used as evidence of bad character if a person is prosecuted for another crime, and Disclosure and Barring Service (DBS) checks (previously called Criminal Records Bureau (CRB) checks) for certain types of employment.
What is the process of being interviewed under caution?
The process of being interviewed under caution depends on whether you have been arrested and are being held in custody in a police station or whether the police have requested that you attend a voluntary interview under caution at a pre-arranged time. At a voluntary interview you are not under arrest.
What is a note on interviews under caution?
A note on interviews under caution, including the requirements of the Police and Criminal Evidence Act 1984 (PACE 1984) and the related codes of practice. This note sets out the purpose and procedure for interviews under caution.
Who do I contact if I’m invited for an interview under caution?
It is vital whenever you are faced with any process like this that you contact the experts as soon as possible; if you’ve been invited for an ‘Interview under Caution’ and want to know more, why not get in touch? You can call us on 020 7381 8111, or send us an email at [email protected]
Can a police officer carry out an interview under caution?
These officers are specially trained to carry out interviews under caution. Sometimes we do joint investigations with other agencies, such as the Department for Work and Pensions and the Inland Revenue. If there has been a joint investigation in your case, you may be interviewed by an officer from the council and an officer from the other agency.