Compelled Interviews: What to Expect

If an investigating authority decides that they need information from you to assist with an investigation, they may invite you to attend an interview. There are several different types of interview, and different laws and rules can apply to each. For example, you might be invited to attend a voluntary interview, an interview under caution, or a compelled interview.

The type of interview you are asked to attend will typically depend on your relationship to the investigation (i.e. whether you are a suspect or a witness) and the stage it has reached. It will also depend on which authority is carrying out the investigation, as some agencies have enhanced powers to force you to comply when they serve a statutory notice or disclosure notice.

The most important thing to remember is that you should seek legal representation before attending any interview. It does not matter which authority has asked you to attend an interview, whether you are a suspect or a witness, or whether the interview is compelled or not - without legal advice, there is a serious risk that you will face legal consequences, even if you have done nothing wrong. While you must usually comply with a notice (or face criminal charges), there are steps you can take to prepare for the interview and protect yourself as much as possible.

Here, the experts at JMW Solicitors will explain how compelled interviews work, why they can be the most serious type of interview, and what you can do to mitigate the associated risks.

How do compelled interviews differ from other interview types?

A compelled interview is different from a voluntary interview or an interview under caution because the subject of the interview is under a legal obligation to answer questions as thoroughly and accurately as possible. If you fail to attend the interview, refuse to answer a question, or answer dishonestly in the opinion of the investigating body, you may be prosecuted for a criminal offence. It is also a criminal offence to participate in or permit the falsification, destruction, disposal or concealment of documents relevant to the investigation.

The punishment for these offences will vary depending on which authority is overseeing the investigation, but in all cases it is likely to be severe. For this reason, compelled interviews must be taken seriously and it is vital to consult with a legal expert before you attend.

While there are some restrictions on how the content of any compelled interview can be used as evidence, they are not confidential. This means that, even if you have done nothing wrong and are not suspected of a crime, there may be difficult consequences to face - whether legal, professional or personal. For example, you may be compelled to reveal personal information about yourself, a business you are working for, or something else.

It is important to prepare carefully for an interview of this nature to ensure that you can anticipate likely questions, and receive advice on your legal rights throughout the duration of the investigation and interview.   Given the far-reaching consequences a compelled interview can have, it may be necessary to have a legal team that supports you comprehensively, given the overlap between criminal, regulatory, civil and employment law.

Which authorities can conduct compelled interviews?

While police interviews under caution may be the first type that comes to mind, other agencies and investigative bodies have the ability to conduct compelled interviews. The authorities that can hold a compelled interview include:

• Police officers
• National Crime Agency
• Financial Conduct Authority
• Serious Fraud Office
• Competition and Markets Authority
• HMRC
• Health and Safety Executive
• Environment Agency
• Local authorities

This is not an exhaustive list, and if you have been invited to attend an interview (or compelled to do so) by a body or agency that is not listed here, contact us to discuss your rights and obligations under your specific circumstances. Most investigating authorities use their powers to hold compelled interviews differently, so it is important to take the most suitable approach in each case with the advice of a specialist lawyer.

Each agency’s ability to conduct compelled interviews is governed by its own legislation, which means that each authority has different powers in this regard. For example:

• Serious Fraud Office (SFO) – The SFO can compel a witness to attend an interview, answer questions and produce documents, in accordance with section 2 of the Criminal Justice Act 1987.
• Financial Conduct Authority (FCA) – an FCA investigator can compel anyone under investigation (or with a connection to a person under investigation) to provide information, produce documents or attend an interview under sections 171-173 of the Financial Services and Markets Act 2000 (FSMA 2002). This may extend to people without a connection to the investigation if their information is necessary for the investigation of a particular breach or criminal offence.
• Competition and Markets Authority (CMA) – The CMA has the power to compel any individual connected to an investigation to answer questions under section 26(a) of the Competition Act 1998. In addition, the CMA can use section 193(1) of the Enterprise Act 2002 to investigate criminal cartel offences and compel individuals under investigation to answer questions - although, in serious cases, these cases are more likely to be pursued by the SFO.
• The Health and Safety Executive (HSE), the Environment Agency and local authorities – When investigating breaches of health and safety regulations, HSE inspectors can require a person to answer questions relevant to the investigation (and sign a declaration that their answers are true) under section 20(2)(j) of the Health and Safety at Work etc Act 1974. Inspectors for the Environment Agency or local authorities have similar powers when investigating breaches of environmental law, under section 108(4)(j) of the Environment Act 1995.

An expert criminal defence solicitor can help to ensure that you comply with the law when attending a compelled interview, but also that the investigating body does not try to exceed its authority. We can support you and make sure that your rights are protected to the fullest extent during this process, whatever your role or relationship to the investigation.

How will legal representation help me?

Being compelled to attend an interview does not mean that you are being charged with a crime - you can be compelled to give evidence as a witness, suspect, or even as the victim of a crime. In all cases, it is vital to instruct a solicitor before you attend, to minimise the risk that you will face negative consequences following the interview.

A solicitor can help you to prepare for the interview and anticipate any questions that might be asked; not only that, but they can also advise you on your legal rights throughout the process. For example, we can challenge irrelevant questions and ensure that you are only required to give the investigating authority the information it needs, while protecting your own privacy as much as possible. Your solicitor has a professional obligation to act in your best interests at all times.

There are other reasons why it is important to seek legal guidance before attending a compelled interview. Interviews are often conducted at the outset of an investigation, during which the relevant authority is examining all aspects of the situation and trying to determine how it will build its case. Your account as a witness could lead investigators to treat you as a suspect, or result in charges being brought against you, so you should not attend any interviews without an experienced solicitor to support you.

Working with the experts at JMW can help you to approach your interview in the most suitable way. We will take the time to understand your circumstances and the specifics of your case so that we can advise you on the most effective course of action to take, and ensure you have the best possible chance of a positive outcome following a compelled interview.

If you need legal representation or support ahead of a compelled interview, speak to JMW Solicitors today. Our Business Crime and Regulation team has significant experience representing clients during interviews by investigating authorities, and can provide a range of related services to support you through the process. This means that we can support individuals or businesses through criminal or regulatory investigations, and even in cases that have an international element.

Contact us on 0345 872 6666, or fill in our online enquiry form to request a call back at your convenience.