PACE Interview Under Caution Solicitors
Being invited for an interview under caution can be a very daunting experience under any circumstances.
Voluntary police interviews have become increasingly popular over the last decade for the convenience and efficiency they offer investigators over making an arrest.
If you have received a letter or phone call inviting you to an interview with the police, regulatory body or a department of the government, call now to speak to one of our criminal defence lawyers for a free initial consultation. We will take the details of the officer in charge and follow up with them on your behalf directly.
No matter where the interview is taking place or the nature of the case, our team of criminal defence lawyers can be there to advise and assist you 24 hours a day, seven days a week.
Even if you feel you have not done anything wrong, you should not attend an interview under caution without a solicitor. Without proper advice you may accidentally say something that leads to you being charged with an offence.
You are entitled to legal representation while being questioned, and it is highly recommended that you exercise that right.
For specialist legal support before, during and after an interview under caution either with the police or other enforcement agency, contact Draycott Browne today using the phone number at the top of this page.
What is a PACE interview?
A PACE Interview is any interview conducted in line with the Police and Criminal Evidence Act 1984 (PACE). This piece of legislation sets out the powers and duties of the interviewer, the rights of suspects and the admissibility of evidence.
If the police, a regulatory body like the HSE, HMRC, or a local authority, suspects you or your business of committing a criminal offence, it is likely that you’ll be invited to attend an interview under caution. This is also referred to as a PACE interview.
What is an interview under caution?
An interview under caution is a formal interview with the suspects in an investigation. You may be asked to attend voluntarily or you may be under arrest. The interview starts with the officer giving you “the caution”.
The caution is as follows:
“You do not have to say anything but it may harm your defence if you do not mention something when questioned that you later rely on in court. Anything you do say may be given in evidence”.
The caution is there to inform the person being interviewed that they have a right to remain silent, with a warning about the consequences of doing so. Choosing not to answer questions in the interview may negatively impact your case if it later goes to court. Your solicitor will advise on the best course of action for your circumstances. PACE interviews are recorded and anything you say can be used as evidence.
It is vital to have legal advice during an interview under caution because what you do or do not say matters a great deal.
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Our PACE Interview Under Caution Advice Team
Who has the power to conduct interviews under caution?
As well as the police, there are many government departments, regulators and other law enforcement agencies with the power to carry out criminal investigations and interview suspects under caution in accordance with the rules set out in the Police and Criminal Evidence Act 1984 (PACE).
These include:
- The HMRC
- The DWP
- The Serious Fraud Office
- The Health and Safety Executive
- The Environment Agency
- The Department of the Environment, Food and Rural Affairs (DEFRA)
- The Insolvency Service
If you have been arrested or have been invited to attend an interview voluntarily, the first thing you should do is contact a solicitor experienced in criminal law and PACE interviews.
You can contact Draycott Browne’s highly-rated defence lawyers 24/7/365 on the number at the top of this page, or by using the online enquiry for and we will call you back.
Why have I been invited to an interview but not arrested?
There are several reasons why you might be asked to attend an interview voluntarily rather than under arrest.
It could mean there is evidence to suggest that you may be involved in an offence, and have information that could assist the enquiries.
It might be desirable at this stage of the investigation to avoid the legal obligations placed on investigators when dealing with individuals under arrest, or there may simply not be sufficient grounds to arrest you.
Other enforcement agencies with the power to conduct interviews under caution do not have the power to arrest suspects, so they can only invite you to be interviewed voluntarily. You have the right to refuse, but this may lead to you being arrested.
It’s important to realise how serious the outcome of any interview under caution could be.
If you’ve been asked to attend a voluntary interview it usually means you are a suspect in an investigation, and we strongly recommend that you contact our team for advice and representation and advice as soom as possible.
What are my rights at a PACE interview if I have not been arrested?
If you attend an interview under caution voluntarily, you have the right to stop and leave the interview at any time. However, in some circumstances, attempting to do so may result in you being arrested.
You have the right to a solicitor and once you have requested a solicitor, the investigators are not allowed to ask you any questions until your solicitor has arrived.
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What happens at a PACE interview?
When you attend an interview voluntarily, you may or may not know what it is about. Before the interview the responsible officer will provide your solicitor with information about the case under investigation and an idea of the evidence against you, a process called ‘disclosure’. It is unlikely that they will reveal everything at this stage.
You will be able to have a private conversation with your solicitor to discuss the disclosure and your version of events confidentially. Your solicitor will give you advice about the law, and set out your options.
It will depend on the circumstances of the cases as to whether it is in your interests to answer the questions or remain silent.
Your solicitor will remain with you throughout the interview.
What happens after an interview under caution?
At the end of an interview under caution the investigators will either:
- Release you without charge
- Release you on bail
- Release you under investigation (RUI)
- Charge you with a criminal offence
If you are released on bail or charged with committing a criminal offence, the expert criminal defence lawyers at Draycott Browne will guide you through the next steps and do everything we can to help avoid conviction or reduce the penalties, tirelessly seeking the best possible outcome for you.
What happens after an interview under caution with a regulator?
Following an interview under caution by a regulatory body like the HSE or the Environmental Agency, it is unlikely that you will be arrested unless there is a police officer in attendance.
You will need to sign the seal around the recording to prevent tampering as outlined by Code E of PACE, and you’ll be given written information about what will happen next.
At the end of the interview the likely outcomes are:
- The investigation may be dropped
- You may be formally cautioned
- You may be fined
- A criminal investigation may be launched against you
Is a voluntary interview less serious than an interview under arrest?
Although less formal, and not always at a police station, an interview under caution is no less serious than an interview under arrest.
It is vital that you receive independent legal advice as soon as you are able to do so. Any mistakes you make in the early stages of an investigation can have a serious impact on your case.
Draycott Browne’s team of highly experienced criminal defence lawyers are available 24 hours a day and 7 seven days a week. If you have been invited to attend a voluntary interview with the police, regulatory body or local authority, or you have been arrested, get in touch with us immediately for expert legal advice and assistance. We’ll strive to ensure the best possible outcome for your individual case.
Contact our PACE Interview Solicitors
When your liberty is potentially at stake it is vital that you have the best possible legal team defending you against criminal charges. Draycott Browne regularly represents clients across the UK facing interviews under caution, and has built a formidable reputation across the legal sector.
By entrusting your case to us, one of the UK's top Criminal Defence Law Firms, you can be assured that you will be working with a team of skilled legal experts, who have a thorough and comprehensive knowledge of all aspects of criminal law.
We take pride in our supportive approach, during what can be a stressful and distressing time for many of our clients. You can be sure that you will be treated with understanding, empathy and respect at all times.
Our legal team of Criminal Defence Solicitors is on hand 24 hours a day, seven days a week. We operate within Manchester and across North West England. If you or someone you know has been arrested and needs expert legal advice, call Draycott Browne or complete our contact form.
When you are facing the stiffest challenge, you cannot afford to settle for anything less than Draycott Browne.