Fraud - What should I do if I get asked to attend an interview under caution?

If you are required to attend an interview under caution, you will receive a letter from the Council about the interview. This letter will tell you the place, date and time of your interview. It will tell you who has been investigating your case that the interview is to be tape recorded and conducted in accordance with the police and Criminal Evidence Act 1984. You will also be sent 2 leaflets entitled ‘An interview under caution” and ‘after an interview under caution’. (links). If you cannot attend on the date and time specified or are unable to get to the location, please contact the investigator dealing with your case (there details will be contained in your letter). This will enable the problem to be resolved either by switching the venue or changing the date and time.

Please take the time to read the leaflets as they will probably allay some of your concerns. You will only be asked to attend an interview under caution, if as a result of an investigation into a benefit claim there are ”reasonable grounds to suspect that an offence may have been committed”.
It is important to try to remember that an interview under caution does not mean that the Council has already decided that you are guilty of a benefit offence. It is also important to remember that the Council does not decide your guilt regarding a benefit offence. Guilt can only be decided by a court of law.

What is the purpose of an interview under caution?

The purpose of an interview under caution is to give you the opportunity to offer an explanation to the Council as to what has apparently happened regarding your/a benefit claim, you may be linked to. When the interview first starts it appears quite formal however once the introduction has been done you will be given plenty of opportunity to give your explanation. The interview will be conducted fairly. You will be asked questions about your/a benefit claim. Please remember we are not trying to trick you with our questioning, we are trying to establish your knowledge of the benefit system and the truth about what has happened.

Why should I attend?

You should attend to use the opportunity to explain to the Council what has happened. This interview is your opportunity to explain. Choosing to ignore the letter or not attend the interview will not make the matter go away. By failing to attend an interview under caution you do not use your opportunity to explain to the Council what has apparently happened. In doing so you limit the options available to the Council in deciding how best to deal with your case. You could still be prosecuted even if you have not been interviewed. Remember it is not just about adjusting your benefit and sending you details about an overpayment. Benefit fraud is a crime and the Council needs to establish whether a crime has been committed and if so what is going to be done about it.

How will I be treated?

You will be treated courteously and with respect. We are not there to cast judgment on you or your case but are interested in establishing the truth. We do understand that interviews under caution are very stressful and very emotional. Please try to remember to use the opportunity to tell us the truth. Admitting you have made a false claim or have failed to notify a change to your circumstance does not necessarily mean the Council will prosecute you. However what it does mean is the decision what to do about your case can be made knowing the full circumstances.

Do I have to attend alone?

No you do not have to attend alone. You may have a friend present if you wish, provided that the person who attends with you is not in someway involved. Similarly you can attend with a solicitor if you wish or if English in not your first language you may asked to have an interpreter.

In summary:

• Being asked to attend an interview does not mean the Council already thinks you are guilty;
• Attend the interview and use the opportunity to tell the Council the truth;
• Remember you will be treated courteously and with respect;
• Remember you can have a solicitor with you or can bring someone with you for moral support.