Defence for Interviews Under Caution

Updated on Monday 17th December 2018

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An interview under caution is an official interview conducted according to The Police & Criminal Evidence Act 1984, which sets out the legal frame in which the Police or other UK authority can conduct their interviews with individuals. It is generally tape recorded for the correct direction of the case in front of the authorities. It is recommended to ask for advice from a criminal defence solicitor in London to figure out which is the most appropriate approach to be adopted to serve your best interests. 

Legal rights of a person in an interview under caution

The legal rights of a person in an interview under caution in UK are crucial in making sure he or she is treated in an appropriate manner. The main legal rights of an individual in such a situation are:

•    the right to have a legal representative present;
•    the right not to answer any of the questions asked by the authorities conducting the interview. 

You can watch the video presentation below for complete information about the defence for interviews under caution in UK


Types of interviews under caution presented by our criminal defence solicitors in London

We can provide defence for the following types of interviews under caution:

•    police interviews;
•    voluntary interviews;
•    Internal Arrests Warrants;
•    Job Centre interviews;
•    Council or Local Authority interviews;
•    the Health and Safety Executive (HSE);
•    Her Majesty’s Revenue and Customs (HMRC);
•    Serious Fraud Office interviews;
•    National Crime Agency interviews;
•    the Department of Work and Pensions (DWP) for benefit frauds;
•    the Driver and Vehicle Standards Agency (DVSA) or Vehicle and Operator Services Agency (VOSA);
•    other regulatory bodies.

The cases in which an interview under caution is necessary 

Suspects found in police custody are normally interviewed by the officer in charge. The offender has the right to remain silent until he or she receives complete legal support from a criminal defence solicitor in London. An interview under caution involves persons who have been accused of manslaughter, fraud, burglary, traffic offences with victims, drug possession, family violence, or any other related offences. It is good to know that suspects found in police custody can be interviewed under caution for gathering evidence and information about the case in which they are involved. Such details can be used when dealing with the prosecution's decision or can help the suspect get rid of the accusations.

It is strongly recommended to take no further action when facing an interview under caution in UK and wait for the legal advice offered by the criminal lawyers in London. Knowing the case, the circumstances and the consequences will help the solicitor choose the suitable approach before the interview takes place. It is good to know that suspects can be questioned if the authorities want to elucidate the doubts of a case or related statement.

When does an interview under caution takes place?

An interview under caution takes place when an individual is arrested, in order for the police to gather evidence in the case, obtain information revealing further connections in the investigation and find out further collateral data which can be taken into consideration by the prosecution in UK. The offender has the chance to answer to the accusations brought, of course, in the presence of a criminal defence solicitor. There are cases in which supplementary questions are part of an interview under caution for identification purposes, but it best to address to an advisor in this sense.

Interviews under caution after a charge

Even though persons charged with serious crimes in UK should not be interviewed, there are cases in which the authorities want to clarify certain statements. Such interviews should take place in the presence of a lawyer, under caution and in the best interest of the justice.

Interviews under caution in business crime cases

The cases in which companies are accused of business crimes in UK are extremely serious and in complete attention of the authorities. An interview under caution takes place as soon as the company decides for a legal representative. We remind that the cases of business crimes in UK can be successfully represented by our team of criminal defence solicitors in London.

Short facts about the interviews under caution

An interview under caution is subject to varied rules which can be entirely explained by our team of advisors. Here are a few facts about the interviews under caution:
  • the record starts with information about the place, the time and the name of the persons who are present at the interview;
  • the interview is recorded on a digital support in the presence of the offender;
  • the entire procedure is normally used for the investigation of the case and for further proceedings;
  • any objections made by an offender during an interview must be recorded.
Having a solid defence in front of the authorities and knowing the rights at the time an interview takes place might lead the case to a positive result for the individual accused of certain crimes.

Legal assistance for interviews under caution in UK

As stated above, similarly to when you are arrested, you have the right to have a solicitor present, who makes sure that your rights are respected, knowing how to deal with an interview under caution. Before the interview, you will be able to discuss privately with your solicitor. This way, he or she can advise you on the most appropriate approach which should be taken in the defence for an interview under caution in UK in order to work for your best interests.

Attending an interview under caution in UK cannot prove to be an enjoyable experience. If you or a member of your family has been contacted for such an interview, feel free to contact our team of criminal defence solicitors in London.