Why You Should Be Careful with ‘Interviews Under Caution’


Hundreds of people each day are invited to an ‘Interview under Caution’, and immediately start to panic. Most people are unaware of why they could have been summoned, but at Hylton-Potts we know that there may be several reasons.

Primarily, it’s because they are suspected of a criminal offence relating to their benefits claim, and the interview is to try to investigate any fraudulent activity. However, you should never underestimate your rights in this situation, as many ill-informed and nervous members of the public have been incriminated over issues they are completely innocent of.

As with any legal investigation, seeking the advice of a solicitor is the best course of action, but what exactly is an ‘Interview under Caution’? The most common problem we find is that people don’t fully understand what these interviews are. So, what can you expect from them, what can you do if you’ve been summoned, and do you even have to attend them at all? Read on to find out the facts and your rights.

What is an ‘Interview Under Caution’?

In relation to suspected benefit fraud, an ‘Interview under Caution’ is an interview carried out by either a member of the Department of Work and Pensions, the local council or the Single Fraud Investigation Service. It does not mean that they are going to prosecute you, but it is an indication that they have reason to believe you have misled them about information relating to your benefit claims.

They usually want to find out three things:

1      That there is some fact or detail that you should have informed them of that affects your benefits, and…

2      You deliberately were fraudulent and misled them about this fact, and…

3      You understood that this misleading information would increase the benefits you were entitled to

The interview is usually taped, and is held to help the authorities establish what has happened, and where to go with your case. So, what is the “caution” part about? All this means is that during the interview, they will tell you your rights – you may be familiar with the following statement:

You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

This may seem like a scary sentence, but all it means is that you can either refuse to answer a question, or not comment at all. However, it cautions you that if you bring up something at a later date that you didn’t mention during your interview, then the court is allowed to be suspicious of why you didn’t bring it up earlier.

There may also be times when a person is interviewed by the ‘Compliance Section’, and this should not be confused with an ‘Interview under Caution’. The former can simply be done to check that they still have the correct details, so it’s not the same thing.

What should you expect from an Interview Under Caution?

The problem with this kind of interview is that, understandably, people can be very nervous about attending them. They may well be completely innocent, but any kind of potential legal action can be a stressful thought, and the situation itself can be worrying if you don’t know what to say or do.

The standard rule of thumb with most legal advisors is to simply attend the interview, but to do so with a solicitor. While it’s perfectly true that getting expert advice is the best way forward, you don’t have to attend the interview at all.

Even if you are threatened with an arrest you still “don’t have to say anything”, and most people find these types of interviews very intimidating to handle. You can be baffled by jargon, have your words twisted to imply some kind of guilt, and you can even be led into a false sense of security about what you will be asked to do next.

People are often asked to come along for a “chat” and told that “there is nothing to worry about if you have done nothing wrong”, but even the most innocent of people can incriminate themselves if taken unawares in this unfamiliar and distressing position. Regardless of what you are told, if you are asked to go to a “chat” and you are suspected of committing an offence, it is an interview where you will be cautioned.

So, if you do get asked to attend an ‘Interview under Caution’, what should be your first move?

What should you do if you receive an invitation to attend?

The first thing many people do is to telephone the Fraud Office, but this too can be recorded and noted against your case if they detect any evidence to suggest guilt. In fact, a recent survey showed that 4,000 people were prosecuted on the basis of telephone evidence.

The key thing to remember is that you are not responsible for providing evidence against yourself; seeking legal advice is always the best course of action, so that they can help inform you of all the facts. If you get in touch with a good legal company early enough, you may even find that there are other options available to you. For example, at Hylton-Potts, we never allow our clients to attend an ‘Interview under Caution’.

Instead, we contact the fraud investigator Local Authority, and obtain details of their concerns. By doing this, we’re able to replace the interview process with a written mitigation package of a written statement, character references and medical reports.

It is vital whenever you are faced with any process like this that you contact the experts as soon as possible; if you’ve been invited for an ‘Interview under Caution’ and want to know more, why not get in touch? You can call us on 020 7381 8111, or send us an email at [email protected].

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