An interview under caution is a formal process conducted by the police or other investigating authorities when an individual is suspected of committing a criminal offence. Anything said during the interview may be used as evidence in subsequent criminal proceedings, which makes expert legal representation at this stage essential.
Our specialist team of private criminal defence solicitors provide expert representation for anyone facing an interview under caution.
Interviews
Effective defence in an interview under caution requires preparation and strategy. This includes reviewing disclosure material, assessing the strength of the evidence and advising on whether to answer questions, provide a prepared statement or exercise the right to silence.
Representation also involves ensuring investigators act within their legal powers, intervening where questioning is improper and safeguarding compliance with PACE. The approach taken in an interview can significantly influence whether charges are brought and how a case progresses.
If you have been invited to an interview, have already been interviewed or are wondering whether to attend a voluntary interview, you should seek urgent legal advice.
Legal and Regulatory Framework
The legal framework governing interviews under caution is set out in the Police and Criminal Evidence Act 1984 (‘PACE’) and the associated Codes of Practice. These provisions establish the rights of suspects, the duties of investigators and the rules governing the conduct of interviews.
PACE requires that an individual being interviewed under caution is advised of their right to legal representation. The caution itself warns that remaining silent or providing inconsistent answers may lead to adverse inferences being drawn at trial.
An interview under caution does not itself result in punishment. However, the answers given, or the decision to remain silent, can play a pivotal role in determining whether proceedings are initiated and how a case is ultimately resolved.
Interviews under caution are not limited to the police. They are frequently conducted by other regulatory and enforcement authorities, including the Serious Fraud Office (‘SFO’), HM Revenue & Customs (‘HMRC’), the Financial Conduct Authority (‘FCA’) and local authorities. These interviews often involve allegations of fraud, financial crime and regulatory breaches.
Such investigations are often complex and may involve extensive disclosure. Early engagement of a specialist solicitor is critical to ensuring individuals and businesses are properly advised and protected.
How can we help?
We provide immediate representation for clients facing interviews under caution. Our solicitors ensure that rights are protected, investigators are held to their legal obligations, and that a clear and strategic approach is taken throughout the interview process.
We draw on extensive experience across criminal and regulatory investigations. Working closely with specialist barristers, forensic accountants and other experts, we deliver tailored advice and representation designed to minimise risk, protect reputations and secure the best possible outcome.
Free Initial Discussion
If you have been invited to attend an interview under caution or have already been interviewed, it is essential that you obtain expert legal advice and representation. Contact James O’Hara today by calling +44 204 600 9900 or email us at info@culbertellis.com.
