This blog was co-authored by Hojol Uddin and Elisha Kaur.

To help you understand the potential route an investigation into financial crime can take from the point that you are invited to attend an interview, the expert Criminal Defence team at JMW Solicitors has written this guide on the reasons investigating authorities may conduct interviews and if a Cease & Desist Notice is applicable. For bespoke advice or legal representation during an investigation, contact us today.

Deemed as early intervention, Police Forces are now considering an alternative route of providing a Cease & Desist Notice rather than the usual method of a Police Caution. The main purpose of this to provide the suspect with an “second chance” to halt any illegal activity through positive engagement rather than Court Proceedings.

The Criteria

Prior to obtaining an Cease & Desist Notice, the police usually consider the following three areas:

1. First time fraud or economic crime offender;
2. Not been subject of a prior fraud or economic crime Cease & Desist notice; and
3. The Police National Computer (PNC) and Police National Database (PND) records of a subject should be reviewed, so a determination can be made on the likelihood of the subject being diverted from criminality and signposted to alternate, positive pathways.

These areas will be considered by the specialist lawyer instructed on your matter prior to any interview you may engage within. 

Service of a Cease & Desist Notice

Should you wish to accept the Cease & Desist notice, the normal process of service occurs in person at a designated Police Station by two members of police staff. You will be identified upon arrival and it will be confirmed that the process is voluntary.

The notice will be then read to you and a specific warning will be provided to you. You will be warned that any further or additional unlawful conduct will not be covered by the Cease & Desist notice and you will be investigated further.

You will also be subjected to an explanation from the officers on the overall impact of Fraud and Economic Crime. You will be offered education about the potential outcomes of continuing to offend. 

Following this, you will be asked to sign the Cease & Desist notice.

Recording of Cease & Desist Notice

Should you accept this notice, the notice will fall under your national crime record as a disposal. As your alleged offence is Fraud by False Representation, it will be recorded with Action Fraud and a National Fraud Recorded Crime Number (NFRC).

There is a possibility that the Cease & Desist Notice will appear on an enhanced Disclosure and Barring Service (DBS) check. It is unlikely to appear on a basic or standard check. However, there are no guarantees.

How to respond to an interview under caution

The most important thing you can do to prepare for an interview under caution is to speak to a solicitor, as they will be able to discuss the circumstances of your case, advise you on how best to answer the questions you will be asked, and evaluate what the likely outcomes of the process will be. They can also obtain information from investigators prior to interview. If you are likely to have to attend a court hearing, they can also provide legal representation, help you to gather evidence, and mount your defence.

Even if you have already been interviewed, it is not too late to discuss the case with a solicitor and learn about how they can help you. The expert criminal defence team at JMW Solicitors has a broad range of experience in interviews with the police and other authorities, which means we have a strong sense of what to expect and how best to build your defence. Our aim is to make sure you are treated fairly during an investigation, that all the legal requirements for collecting evidence are met, and that your rights are protected at all times.