Interview Under Caution Solicitor

If you, your business or an employee have been invited for an interview under caution or arrested, it is important that you seek legal advice from JMW as soon as possible. What you say or don’t say during an interview under caution can have a significant impact on the outcome of your case, which is why it is vital to seek expert police station legal advice from JMW Solicitors.

If you have been arrested or asked to attend an interview under caution on a voluntary basis, our specialist solicitors are here to provide you with tailored, pragmatic advice, assistance and representation to protect your rights and preserve your interests. We can represent you throughout the process to the conclusion of the investigation or proceedings.

We understand that an interview under caution can be a highly stressful experience, especially when it may impact on you personally or the future of your business. This is why we work to provide the highest-quality legal representation, no matter the circumstances of your case, in order to ensure you are able to achieve the best possible outcome.

To receive police station legal advice from our expert team of solicitors, contact JMW today by calling 0345 872 6666. You can also fill in our online enquiry form to request a call back at your convenience.

How JMW Can Help

JMW works with individuals and businesses involved in a wide variety of cases, and our team has extensive experience in advising individuals on all aspects of the police interview process. We have been and are involved in some of the biggest investigations and prosecutions, and are ranked as a Top Tier Firm by the Legal 500, as well as Chambers and Partners.

If you have been asked to attend an interview under caution, we can provide you with the following support:

• Obtaining pre-interview disclosure and meeting with you to prepare for any interview under caution before it takes place
• Assessing the details of the allegation(s) and the strength of the evidence and any accusations made against you or your business
• Informing you of your rights before any interview under caution and the powers of the investigating authority
• Advising you on how to prepare for an interview and how to respond to any questions asked during an interview under caution
• Representing you in person during the interview process, arranging an opportunity to confer with an expert solicitor and get advice on the best course of action
• Making written or oral representations after interview with a view to preventing or limiting criminal proceedings

It is important to remember that any answers you give - or do not provide - during the interview may have a major impact on the outcome of the police investigation or the criminal proceedings if any charge is authorised. This is why individuals or businesses alleged to have committed criminal or regulatory offences must seek the advice of JMW’s expert solicitors as soon as possible.

Meet Our Team

JMW's criminal defence solicitors specialise in providing immediate representation at police stations and other interview locations. If you have been invited to an interview under caution or are facing criminal charges, our team will apply many years of experience and a track record of success to deliver the best possible outcome for you.

What Is an Interview Under Caution? 

An interview under caution is a formal process that is usually offered as part of a criminal investigation, when police officers or other law enforcement agencies suspect someone of involvement in a criminal offence. It is a type of  interview that takes place at a police station or another location and will be recorded. It is conducted under the Police and Criminal Evidence Act 1984 and before questioning begins, the police give a standard caution about your rights and obligations.

The individual has the right to legal advice and can choose to answer questions, provide a prepared statement, or remain silent. An interview can take place following an arrest or a suspect can be invited for an interview. Anything said during the interview - or a decision not to say anything - can influence later decisions, including whether charges are brought. As such, it is vital to instruct a solicitor to attend and help you prepare for an interview under caution. Solicitors from JMW can attend police station interviews with you, offer expert legal advice and help you to comply with the investigation while minimising the risk of self-incrimination.

A police interview is also the first opportunity to present your defence, and doing so effectively can limit any further action. As such, having a lawyer present can give you the best chance of avoiding a criminal prosecution and limit your encounters with the criminal justice system.

Why Have I Been Invited to an Interview but Not Arrested? 

You might be invited to an interview under caution without being arrested if the police believe they can question you effectively without using their powers of arrest. To be lawful, an arrest must be necessary to prevent further offences, secure evidence or ensure attendance. If those conditions are not met, the police may choose to offer a voluntary interview instead.

This approach is often used when the individual is cooperative, has a fixed address and there is no immediate risk of evidence being lost or witnesses being influenced. It allows the investigation to progress while avoiding the disruption of an arrest, although the interview still carries the same legal weight and the answers given can be used in later proceedings.

If a suspect decides not to attend a voluntary interview, investigators may proceed without the suspect’s input or they may decide that a refusal to attend voluntarily justifies an arrest. Advice on whether to attend a voluntary interview is therefore an important step to take in protecting your position. Interviews under caution may be considered for investigations into a range of offences, including everything from fraud offences to death by dangerous driving, and the seriousness of the offence does not necessarily determine how an investigation will be carried out. Some very serious allegations can be dealt with by way of voluntary interview, whilst an arrest may be justified for some relatively minor offending. It depends upon the circumstances and JMW can make representations to investigators about how we think they should proceed that can influence the process.

What Are My Rights During an Interview Under Caution?

If you are arrested or asked to attend an interview under caution on a voluntary basis, you will be protected by a number of rights:

• You are entitled to legal advice, assistance and representation
• You may ask the police to inform someone else that you are at the station (subject to whether there is a requirement to hold you incommunicado
• You cannot be kept at the police station for more than 24 hours without being charged, although this can be extended if a high-ranking officer or magistrates’ court determine that more time is needed to find or protect evidence in relation to a serious crime

If you are unsure about your rights when attending an interview under caution, you can ask the interviewing officers at the police station to provide you with a full list of your rights and entitlements.

Do I Need Legal Representation for an Interview Under Caution?

Legal representation is vital for an interview under caution because you are being questioned as a suspect, and anything you say can be used as evidence. Even if you believe the matter is straightforward, the way questions are asked and answered can affect how your account is interpreted and how the investigation develops. An interview under caution solicitor from JMW can prepare you for your interview with tailored advice, attend with you and help you to comply with the investigation.

We can help by explaining the allegation in clear terms and advising you on how to respond before the interview begins. JMW will review any disclosure provided by the police, identify potential risks and advise whether it is appropriate to answer questions, provide a prepared statement or remain silent. This means verifying whether there are any issues with prosecution evidence, including anything gathered during a formal interview, which we can raise in your defence if the Crown Prosecution Service decides to take the case to court.

During the interview, your lawyer can intervene if questioning becomes improper, unclear or goes beyond the scope of the allegation. Legal representation also helps protect your rights under the Police and Criminal Evidence Act 1984, including your right to fair treatment and to take breaks. After the interview, we can explain the possible outcomes, such as no further action, release under investigation or charge, and advise on the next steps you might expect based on what was said. We can also make representations about whether it is appropriate to impose bail conditions.

Q

What happens if I fail to answer a question during an interview?

A

When you are questioned by the police during an interview under caution, it is important to answer their questions in the right amount of detail to avoid causing potential harm to your own defence.

You have the right to remain silent when questioned by the police, but if your answers fail to include vital information that you later intend to rely upon in court for your defence, this may be used against you (otherwise known as an adverse inference). As such, it is essential that you carefully prepare the information you wish to communicate during the interview.

By seeking professional legal advice in advance of an interview under caution, you can maximise your chances of no charges being brought or ensuring that damage is not caused to your own case if court proceedings are brought against you or your business.

Q

Who has the power to conduct interviews under caution?

A

An interview under caution is most commonly used by the police when they believe that a person may have been involved in a criminal offence and want to question them as a suspect rather than a witness. It commonly takes place when officers have gathered enough information to raise a reasonable suspicion.

It is also used by other authorities with investigative powers, such as local councils or regulatory bodies, when they are investigating potential criminal offences. These include the Serious Fraud Office, the Health and Safety Executive, HMRC and certain other law enforcement agencies.

Q

Can you refuse to attend an interview under caution?

A

You can refuse to attend a voluntary interview under caution, but it is often advisable to attend because it may be the only opportunity to raise a valid defence. A refusal may also prompt the police into an arrest. When you work with JMW's criminal law experts, your legal team will discuss your circumstances and the investigation to which you are connected. From there, we can evaluate the advantages and disadvantages of attending an interview under caution and advise you of the best approach to achieve your desired outcome.

Q

Does an interview under caution go on your record?

A

An interview under caution does not, by itself, appear on a criminal record. It is not the same as a caution or a finding of guilt. Instead, it is an investigative step and no offence is recorded simply because you have been interviewed.

This also means that it will not automatically appear on a DBS check. Standard and enhanced DBS checks focus on convictions, cautions, and, in some cases, relevant police intelligence. Being interviewed under caution, without any further action such as a charge or formal police caution, will not usually be disclosed. However, in limited circumstances, information about an investigation could be included on an enhanced DBS if the police consider it relevant to the role being applied for. This is uncommon and assessed on a case-by-case basis.

A solicitor can help you to assess this risk and determine whether or not attending an interview under caution could affect your career prospects. This is particularly important when advising a regulated professional in a criminal investigation. Criminal allegations against doctors, lawyers and other regulated individuals have to be approached with great care because particular conduct may have to be reported to the relevant regulator. Our professional regulation team is very experienced in representing regulated professionals in fitness to practise proceedings, particularly where they arise from criminal allegations.