An interview under caution is an important part of any criminal or regulatory investigation and information provided by the interviewees is recorded and will be considered by the police or regulator when deciding what further steps to take in an investigation, including whether or not a person should be prosecuted.
If a person is charged, a record of their interview usually forms part of the evidence the court will consider at a later stage. If you are invited to attend an interview under caution it is imperative that you seek legal advice before attending and have your lawyer present in the interview.
If you are arrested and detained you will have a right to contact a solicitor to represent and advise you and have them present in an interview except in the most exceptional circumstances. Our lawyers often attend people in police custody and in interviews and are able to attend a police station or place of the interview at short notice.
Your lawyer will help by gaining an understanding of the allegation and evidence and the nature of the questions that will be asked in the interview. You will be given an opportunity to speak to your lawyer in private before the interview to discuss the best approach.
The purpose of an interview under caution is for the investigator to obtain evidence through questioning. These interviews are recorded and anything said in the interview can be used as evidence in a criminal trial. In addition silence in an interview may be used against a defendant in a trial in certain circumstances.
Our lawyers will advise about the best approach which might include providing answers, if necessary in writing, rather than verbally, or making no comment.
The team has ‘an ethos of diligence and hard work that runs right through the department’.Legal 500
Lawyers at Bindmans have experience of seeing cases from search, arrest, and interview through to trial and can therefore advise about strategies with an excellent working knowledge of how choices that are made about the interview can play out in the longer term.
Each case is different and it is important to obtain legal advice for your particular circumstances.
Fraud and White Collar Crime
Serious Fraud Office
Bribery and Corruption
Investigative Interview under Caution
Dawn Raids (Emergency Service)
Companies Act Offences
Insider Dealing and Market Abuse
Bounce Back Loan Fraud