If you or your business are subject to an investigation by an authority in the UK, you may be invited to attend an interview under caution. This is a formal process used by the police and other authorities to gain information during criminal investigations. It may be used when questioning a person suspected of a crime and it can be difficult for interview subjects to know what to expect from the process.

These interviews are “under caution” because the subject is given a warning:

“You do not have to say anything, but it may harm your defence if you fail to mention something now that you later rely upon in court. Anything you do say may be given in evidence.”

This caution is based on the principle that a person should not be compelled to incriminate themselves, but it is not always clear in practice whether it is best to answer a question or not. 

The purpose of an interview under caution is to gather information from the suspect while ensuring that their rights are protected. It is a critical part of the investigation process, as the statements made during this interview can play a significant role in any subsequent legal proceedings.

An interview under caution can lead to a variety of outcomes, including further interviews, criminal charges and court proceedings, so it is always in the best interests of the subject to understand their rights and approach the process correctly. Legal representation is a vital aspect of this, as it can help to ensure your rights are protected and that you are treated fairly during an investigation. Representation at an interview can also help if the suspect wants their lawyer to make written representations to the investigators after the interview process has finished. 

Here, the expert Criminal Defence team at JMW Solicitors explains why you need a solicitor during an interview and outlines how this can help you prepare for the process ahead, no matter the outcome.

Do I need legal representation for an interview under caution?

It is vital to secure legal representation during any interviews with investigating authorities. This is not only limited to interviews under caution - companies in particular should consider seeking legal advice under any circumstances in which they have been asked to give evidence or provide investigators with information. This does not just apply to interviews conducted by the police. Several authorities in the UK have powers to conduct interviews, including interviews under caution and compelled interviews, which subjects have a legal obligation to attend.

The organisations empowered to hold these interviews include HMRC, the Serious Fraud Office, the Insolvency Service, the Health and Safety Executive, and others. While their powers during investigations differ, it is useful to speak to a solicitor before attending an interview to find out more about whether you need representation, and what you can expect from the interview process.

Support from a legal advisor during an investigation offers several key benefits. If you are suspected of a civil or criminal offence, it is important to begin mounting a defence at the earliest opportunity. An interview under caution is different from a compelled interview in that you do not have a legal obligation to provide answers. However, at the same time, cooperating during interviews is often taken into account during sentencing and may be a factor in mitigating any penalties. This can be a complicated situation to navigate without a solicitor’s help.

The risk of incriminating yourself does not decrease even if you believe you have not done anything wrong. This means that even if you are invited to assist as a witness, or you do not know why you have been asked to attend, you should speak to a criminal defence solicitor about whether representation is going to benefit and protect you.

How can a solicitor support me during an interview under caution?

There are several important functions that a solicitor can serve in an interview with an investigating authority, but one of the most important is providing support and direction. Your solicitor will be on your side throughout the process, whether that involves only a single interview or results in criminal charges and court proceedings.

There are specific rules that investigators must follow during an interview under caution, and your solicitor will monitor to ensure that evidence is collected according to any restrictions and required procedures, which helps to make sure you are treated fairly during the process. A solicitor can also discuss potential outcomes with you, so that you are aware of what to expect at every stage of the investigation, and help you to collect any evidence you may need to present.

One of the first steps will be interview preparation, where you and your solicitor will discuss the questions that you are likely to be asked. Your lawyer can ask the investigator to disclose information and documents prior to the interview, so you can have an opportunity to better understand the allegations and take advice. The team at JMW can advise you on the best ways to comply with the investigation, and explain when it might be in your best interests to answer questions even if you are not legally obliged to. If you attend a compelled interview, we can guide you on your legal obligation to answer questions, how to handle privileged information, and the potential consequences or penalties associated with failing to give evidence.

JMW’s criminal defence experts have a wealth of experience in interviews with the police and other investigating authorities. No matter your circumstances, get in touch today to learn how we can help. Call us on 0345 872 6666 or use our online enquiry form to request a call back at your convenience.