What happens in an interview under caution

 Whether you're facing questions from the police, social services, or other authorities, understanding your rights and having legal representation is crucial. Our guide provides essential information about what to expect, your options, and the importance of seeking legal advice. Don't face this alone – learn your rights and protect yourself.

What do you need to know about interviews under caution?

Here are some key points about what happens if you have been asked to attend an interview under caution:

• Suspect status: The person being interviewed is believed to be involved in a crime.
• Formal interview: The interview is conducted in a structured and controlled manner.
• Caution: The person being interviewed is given a caution, which informs them of their rights and the potential consequences of not cooperating.
• Voluntary or involuntary: The person may be interviewed voluntarily or following an arrest.
• Right to refuse: If asked to attend voluntarily, the person has the right to refuse. However, this may lead to their arrest in certain circumstances.

Types of investigations

There are several types of investigations that could be part of an interview under caution. Here are some examples:

• Police: Investigations conducted by the police are the most common type of investigation that involves interviews under caution. These can include investigations into crimes such as assault, neglect/ill-treatment, sexual offenses, theft, and fraud.
• Social Services: Social services may conduct investigations into allegations of child abuse or neglect. These investigations can also involve interviews under caution with individuals suspected of being involved in these cases.
• Local Authority: Local authorities may conduct investigations into various issues, such as housing disputes or environmental concerns. These investigations can also involve interviews under caution with individuals suspected of wrongdoing.
• HSE: The Health and Safety Executive (HSE) may conduct investigations into workplace accidents or health and safety violations. These investigations can also involve interviews under caution with individuals suspected of being responsible for these incidents.
• Trading Standards: Trading Standards may conduct investigations into allegations of consumer fraud or unfair trading practices. These investigations can also involve interviews under caution with individuals suspected of being involved in these activities.
• Environment Agency: The Environment Agency may conduct investigations into environmental pollution or other environmental offenses. These investigations can also involve interviews under caution with individuals suspected of being responsible for these offenses.

It's important to note that this is not an exhaustive list of all the types of investigations that could involve an interview under caution.

Why it’s important to have a solicitor present

• Misconception: There is a common misconception that if you are innocent, you don't need a solicitor. However, this is not true. Even if you believe you have done nothing wrong, an interview under caution can be a complex situation, and having a solicitor can help protect your rights and interests.
• Legal Expertise: A solicitor has the legal knowledge and experience to guide you through the interview process. They can help you understand your rights, advise you on what to say, and ensure that your statements are not used against you in a way that could harm your case.
• Protection of Rights: A solicitor can help protect your rights during the interview. This includes ensuring that you are not pressured or coerced into making statements that you do not want to make. They can also help you understand the potential consequences of your statements and advise you on whether or not to cooperate with the police.
• Evidence Gathering: A solicitor can help you gather evidence that may be relevant to your case. This could include obtaining witness statements, gathering documents, or consulting with experts.
• Court Representation: If charges are brought against you, a solicitor can represent you in court. They can help you prepare your defence, negotiate a plea deal, or represent you at trial.

In summary, having a solicitor present during an interview under caution is highly recommended, even if you believe you are innocent. A solicitor can provide valuable guidance and support, helping to protect your rights and interests throughout the legal process.

What typically happens ?

Here’s a breakdown of the process:

1. Initial Contact: The interview may be initiated by the police or other investigating authorities. You may be asked to attend voluntarily or be arrested and brought in for questioning.

2. Cautioning: Before the interview begins, you will be given a caution. This is a formal warning that informs you of your rights, such as the right to remain silent and the right to legal advice.

3. Interview: The interview will be conducted by the investigating officers. They may ask you questions about the alleged crime or incident. It's important to remember that you have the right to remain silent and that any statements you make can be used as evidence against you.

4. Legal Advice: If you have a solicitor present, they will advise you on your rights and help you navigate the interview process. They can also help you decide whether or not to answer questions and can object to any unfair or coercive tactics used by the investigators.

5. Conclusion: The interview may end at any time. If you are arrested, you will be informed of your rights and given the opportunity to contact a solicitor.

It's crucial to remember that what happens during an interview under caution can have a significant impact on the outcome of a case. Having a solicitor present can help ensure that your rights are protected and that you receive accurate and appropriate advice.

During the interview:

• Recording or Notes: The interview will be recorded or contemporaneous notes will be taken. This ensures that there is a clear record of what was said during the interview.
• Introductions: All those present, including the interviewing officer, the suspect, and any legal representatives, will introduce themselves.
• Caution: The officer will explain your rights and entitlements, including the right to remain silent and the right to legal advice. They will also ensure that you understand the caution, which is a formal warning that you are being questioned as a suspect in a criminal investigation.
• Confirmation of Allegation: The officer will confirm the allegation that you are being questioned about. This will give you a clear understanding of the nature of the investigation.
• Questioning: The officer will then proceed to question you about the alleged crime or incident. You have the right to remain silent throughout the interview.
• Legal Advice: The right to legal advice is ongoing throughout the interview. This means that you can request to speak to a solicitor at any time, even if you have already been cautioned. You can also request further consultation with your solicitor as needed.

It's important to note that the specific procedures may vary slightly depending on the jurisdiction and the nature of the investigation. However, these are the general steps that are typically followed in an interview under caution.

After the interview

A decision may be taken immediately, but cases will usually be referred to a Senior Officer or the Crown Prosecution Service (CPS).

Here's what this means:

• Immediate Decision: In some cases, the investigating officer may have enough evidence to make a decision immediately after the interview. This could include:
  • Release without Charge: If the officer does not believe there is sufficient evidence to charge you, you may be released without charge.
  • Arrest and Charge: If the officer believes there is enough evidence to charge you, you may be arrested and charged with a crime.
• Referral to Senior Officer or CPS: In many cases, the investigating officer will not have enough evidence to make a decision immediately. Instead, they will refer the case to a Senior Officer or the CPS for further review. This allows a more experienced officer or legal professional to assess the evidence and decide whether there is sufficient grounds to proceed with a prosecution.

If you are interviewed under caution and are not charged immediately, it is important to remember that the investigation is not necessarily over. The case may still be under review, and you may be contacted again at a later date. It is always advisable to seek legal advice if you are involved in an interview under caution.

What protection is available for FSB Members?

Our Legal Protection Scheme covers members who are subject to criminal investigations and can assist members during an interview under caution.

• Immediate Legal Advice: The legal advice line service often operates 24 hours a day, 365 days a year, providing immediate access to legal advice. This means that if you are facing an interview under caution, you can get in touch with a solicitor at any time for guidance and support.
• Expert Representation: The legal protection scheme can connect you with experienced solicitors who specialise in criminal law. These solicitors can provide you with expert advice and representation throughout the interview process.
• Guidance and Support: The solicitors can help you understand your rights, advise you on what to say, and ensure that your statements are not used against you in a way that could harm your case. They can also help you protect your rights during the interview and ensure that you are treated fairly.
• Representation in Court: If you are charged with a crime, the legal protection scheme can provide you with representation in court. This means that you will have a qualified lawyer to defend your case and protect your interests.