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Interview Under Caution

Interview Under Caution

Facing an interview under caution can be an intimidating experience, regardless of the circumstances.

Voluntary police interviews have gained popularity due to their convenience and efficiency in investigations over the past decade.

If you've received a letter or call inviting you to such an interview with the police, a regulatory body, or a government department, reach out to us for a free initial consultation with one of our criminal defence lawyers. We'll take the details of the officer in charge and follow up directly on your behalf.

No matter the location or nature of the case, our team of defense lawyers is available 24/7 to advise and assist you. Even if you believe you've done nothing wrong, attending an interview under caution without legal representation can be risky. Without proper advice, you might unintentionally say something leading to charges against you.

You have the right to legal representation during questioning, and it's highly advisable to exercise that right. For specialised legal support before, during, and after an interview under caution, contact us at BKP Solicitors today using the phone number provided.

Who Can Conduct Interviews Under Caution?

In addition to the police, various government departments, regulators, and law enforcement agencies have the authority to conduct criminal investigations and interview suspects under caution under the rules outlined in the Police and Criminal Evidence Act 1984 (PACE).

These may include:

  • HM Revenue and Customs (HMRC).
  • Department for Work and Pensions (DWP).
  • Serious Fraud Office.
  • Health and Safety Executive (HSE).
  • Environment Agency.
  • Department of the Environment, Food and Rural Affairs (DEFRA).
  • Insolvency Service.

Whether you've been arrested or invited for a voluntary interview, contacting a solicitor experienced in criminal law and PACE interviews should be your immediate step. Reach out to our highly rated defence lawyers 24/7 using the contact details provided.

What Is A PACE Interview?

A PACE interview aligns with the Police and Criminal Evidence Act 1984 (PACE), defining the powers and duties of interviewers, the rights of suspects, and evidence admissibility.

If you or your business is suspected of a criminal offense by the police, a regulatory body, or a local authority, you're likely to be invited to an interview under caution, also known as a PACE interview.

What Is An Interview Under Caution?

An interview under caution is a formal questioning of suspects during an investigation. Whether voluntary or following an arrest, the interview commences with the cautionary statement:

"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

The caution advises individuals of their right to remain silent and the potential consequences of not doing so. Choosing not to answer questions during the interview may affect your case negatively in court, making legal advice during this process essential.

Why Am I Invited To A Voluntary Interview Instead Of Arrest?

Several reasons might prompt an invitation to a voluntary interview rather than an arrest:

  • There's evidence suggesting your involvement in an offence and that you possess information vital to the investigation.
  • Investigators may wish to avoid legal obligations associated with arresting individuals at this stage of the investigation.
  • There might be insufficient grounds for arrest.
  • Other law enforcement agencies lack the power to arrest and can only invite individuals for voluntary interviews, although refusal may lead to arrest.

Understanding the gravity of any interview under caution is crucial. If invited for a voluntary interview, it indicates suspicion of your involvement in an investigation. Contact our team promptly for advice and representation.

What Are My Rights During a PACE Interview If Not Arrested?

During a voluntary interview, you have the right to halt the interview and leave at any time, although doing so might result in arrest under certain circumstances. You're also entitled to legal representation, and questioning must cease upon requesting a solicitor until their arrival.

What To Expect During A PACE Interview?

Before the interview, the officer in charge provides your solicitor with case information and evidence disclosure, allowing confidential discussion and advice before the interview. Depending on the circumstances, your solicitor will advise whether to answer questions or remain silent, accompanying you throughout the interview.

Post-Interview Procedures

Following the interview, you may be:

  • Released without charge.
  • Released on bail.
  • Released under investigation (RUI).
  • Charged with a criminal offence.

In the event of bail or charges, our expert defense lawyers will guide you through subsequent steps, striving for the best possible outcome.

Interviews With Regulatory Bodies

After a cautionary interview by regulatory bodies like the HSE or Environment Agency, arrest is unlikely unless accompanied by a police officer. Following the interview, you'll receive information about further steps, potential outcomes including dropped investigations, formal cautions, fines, or criminal proceedings.

Voluntary Interviews Vs. Arrest Interviews

While less formal, voluntary interviews are equally serious. Prompt legal advice is imperative.

BKP Solicitors