Interview under caution; Do I need a Solicitor?
An interview under caution at the police station is also known as a ‘Caution + 3’ interview, or a voluntary interview. You will usually be contacted by a police officer who will ask you to come to the police station at a certain time because they want to talk to you about an offence, usually a fairly minor one or something that happened a while ago. Sometimes they will tell you they just ‘want a quick chat’.
Interview under caution; your rights;
Anybody who attends the police station for an interview under caution is entitled to free and independent legal advice. We will attend the police station with you at an agreed time. You won’t have to wait for a solicitor.
You are free to leave at any time, although if you leave before the interview there is the danger that you could be arrested. If you attend the police station as a volunteer you should not be arrested, unless the officer can show that one of the grounds for arrest exists. You probably won’t be searched and you won’t have your DNA and fingerprints taken. You will not have to go into a cell.
Why should I have a solicitor?
Well why wouldn’t you? For a start, it’s free. To everybody, no matter how much or how little they earn. That should probably be a good enough reason in itself, but many people still choose not to have a solicitor.
Before you are interviewed, the police officer will give your solicitor ‘disclosure’. They will tell us what you have been arrested for, and give us a summary of the evidence. We will then speak to you in private before you are interviewed. Your lawyer will tell you what you are going to be questioned about and what evidence the police have. We will advise you on the law and if you should be answering the questions or not.
Even if you are not under arrest, what you say or don’t say in your interview is still important. If you end up in court many months later, the Judge and jury, or magistrates, will know what you said or didn’t say in your interview and will pay close attention to it. If you do the right thing in your interview, you might not even get to court. You might be given a caution or your case might be dealt with in another way that means you don’t have to go to court. You might not even be charged. It can make a big difference to the outcome of your case, so you should still have a solicitor.
It doesn’t make you look guilty;
If you were ill you would go to a doctor. If your car breaks down you go to a garage. You get help from someone who knows what they are doing and is there to help you. The same applies to someone attending an interview under caution.
Just because you feel you haven’t done anything wrong, doesn’t mean you don’t need a solicitor;
In fact, it makes you need one even more. If you say or do the wrong thing, you might end up getting charged with something you didn’t do.
If you are in being interviewed in the police station, there is no such thing as ‘not very serious’;
A conviction for even a ‘minor’ offence can have a significant impact on your life. It might stop you getting a job, or it might stop you travelling to places like America, and that is before you have to pay a fine, have a curfew or do unpaid work, or even go to prison. Calling us to come and represent you is not ‘bothering us’. It is what solicitors are there for.
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. Should they decide there is sufficient evidence against you and that you should go to Court, then you will get a summons in the post. The summons will detail the charge against you and will give you the date to attend Court.
If you have any questions or you want us to assist you in arranging a voluntary interview, please contact us on 0207 388 1658 or email lawyers@jfhlaw.co.uk, and ask to speak to one of our experienced criminal lawyers.
John Howey, senior solicitor
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Benefit fraud offences
There are two main offences that are prosecuted in relation to benefit fraud, one involves dishonesty, the other does not.
The dishonesty offence
It is an offence to dishonestly make a representation in order to obtain benefits, for example not declaring that you are working or have savings. This includes a dishonest failure to promptly notify a change in circumstances, as well as making a claim that is dishonest at the start.
The offence without dishonesty
It is an offence to knowingly make a false statement to obtain benefit. Again, this can be in an initial claim for benefits or failing to give prompt notification of a change in circumstances.
What does this actually mean?
The following definitions are given:
- Dishonesty – has its normal meaning in criminal offences, although the lesser offence does not require dishonesty it does require proof of knowingly failing to notify. The test for dishonesty was recently revisited by the Supreme Court and the result may well be that it is now easier to prosecute for a dishonesty related offence.
- Change in circumstances – there must be proof that the offender knew there was a change of circumstances and that the change would have affected a change in benefit.
- Changes in circumstance could include starting to live with a partner, getting a job or a winning the lottery.
- Promptly notify- prompt is to be given its natural meaning and is a matter of fact. It is for the prosecution to prove that it was not prompt. It is therefore essential to explore all of the surrounding circumstances as this may provide a defence, not only mitigation.
Are there other offences?
There are other offences of fraud and false accounting related to benefits that are not covered in this article.
What is the likely sentence?
The non-dishonesty offence an only be dealt with in the Magistrates’ Court and carries a maximum term of imprisonment of 3 months.
The offence involving dishonesty can be dealt with at the Magistrates’ Court or the Crown Court and carries a maximum of seven years imprisonment.
The main factors for consideration in sentencing will be the length of time of the overpayment, the value of benefits overpaid, and whether or not the claim was dishonest from the outset.
A claim that is of high value, over a sustained period and which was dishonest from the beginning is more likely to attract a term of imprisonment.
How can we help?
An investigation into possible benefit fraud often starts with a letter asking you to attend for an interview under caution. The interview is very important; what you say in the interview can be used against you at Court, but it can also lead to an out of court disposal, such as a caution or an administrative penalty, or no action being taken against you. In many cases we are able to attend the interview with you.
You can find out more about how Camden Council deals with benefit fraud here.
What if I have to go to Court?
Prosecutions for benefit offences frequently generate vast quantities of paperwork. We have a great deal of experience in considering such evidence, and our involvement may mean a lesser value is given to the overpayment which can have a direct impact on the potential sentence.
We can also assess any possible defences that may be available to you. Expert advice is crucial if you would like to discuss any aspect of your case, please contact John Howey, on 020 7388 1658 or jhowey@jfhlaw.co.uk
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Should I have a solicitor in the police station?
Why should I have a solicitor at the police station?
Why wouldn’t you? For a start, it’s free. To everybody, no matter how much or how little they earn. That should probably be a good enough reason in itself, but many people still choose not to have a solicitor.
What happens in the police station goes a long way to deciding the outcome of the case
If you end up in court many months later, the Judge and jury, or magistrates, will know what you said or didn’t say in your interview and will pay close attention to it. If you do the right thing in your interview, you might not even get to court. You might be given a caution or your case might be dealt with in another way that means you don’t have to go to court. You might not even be charged.
It doesn’t make you look guilty
If you were ill you would go to a doctor. If your car breaks down you go to a garage. You get help from someone who knows that they are doing and is there to help you.
You won’t have to wait hours for a solicitor; at least not for one of our solicitors
When you are arrested there is usually a lot of work for the police to do before you are interviewed. It is that work that takes time, not waiting for a solicitor. If you say you want a solicitor as soon as you get to the police station, we will be contacted by the police and can arrange to attend when the police are ready to deal with you. If you are attending by appointment (often called an interview by appointment or caution +3), we will meet you there.
Just because you feel you haven’t done anything wrong, doesn’t mean you don’t need a solicitor
In fact, it makes you need one even more because if you say or do the wrong thing, you might end up getting charged with something you didn’t do.
If you are in a cell in the police station, there is no such thing as ‘not very serious’
Calling us to come and represent you is not ‘bothering us’. It is what solicitors are there for.
You can call us during office hours on 020 7388 1658 or 24 hours a day on 07939958767. Or email lawyers@jfhlaw.co.uk
John Howey, Senior Solicitor
Read MoreInterview under caution; What does it mean? Should I go? Do I need a Solicitor?
A police interview under caution at is also known as a ‘Caution plus 3’ interview, or a voluntary interview. You will usually be contacted by a police officer who will ask you to come to the police station at a certain time because they want to talk to you about an offence, usually a fairly minor one or something that happened a while ago. Sometimes they will tell you they just ‘want a quick chat’. Even if you are not under arrest, what you say or don’t say in your interview is still important. It can make a big difference to the outcome of your case, so you should still have a solicitor.
Interview under caution; your rights
We will make arrangements for you to attend the police station at an appointed time. Everyone is entitled to free and independent legal advice, so we will attend the police station with you. You still have the right not to answer any questions. However, what you say in your interview can be used at Court, if your case gets that far.
You are free to leave at any time, although if you leave before the interview there is the danger that you could be arrested. If you attend the police station as a volunteer you should not be arrested, unless the officer can show that one of the grounds for arrest exists. You probably won’t be searched and you won’t have your DNA and fingerprints taken. You will not have to go into a cell.
Before the interview
Before you are interviewed, the police officer will give your solicitor ‘disclosure’. They will tell us what you have been arrested for, and give us a summary of the evidence. We will then speak to you in private before you are interviewed. Your lawyer will tell you what you are going to be questioned about and what evidence the police have. We will advise you on the law and if you should be answering the questions or not.
During the interview
Even if you are not under arrest, what you say or don’t say in your police interview is still important. If you end up in court many months later, the Judge and jury, or magistrates, will know what you said or didn’t say in your interview and will pay close attention to it. If you do the right thing in your interview, you might not even get to court. You might be given a caution or your case might be dealt with in another way that means you don’t have to go to court. You might not even be charged. It can make a big difference to the outcome of your case, so you should still have a solicitor.
After the interview
Following your police interview, you will be free to leave. The Police or the Crown Prosecution Service (CPS) will then decide how to proceed. Should they decide that there is sufficient evidence against you and that you should go to Court, then you will be sent a summons in the post. The summons will detail the charge against you and will give you the date to attend Court.
If you have any questions or you want us to assist you in arranging a voluntary interview, please contact us on 0207 388 1658 or email lawyers@jfhlaw.co.uk, and ask to speak to one of our experienced criminal lawyers.
John Howey, senior solicitor
Read More