The following are questions generally asked when someone is requested to attend an interview under caution.
The Council has asked you to attend an interview under caution because it believes that there are grounds to suspect that you have committed a criminal offence.
This does not mean that the Council believes that you are guilty and will prosecute you; it means that the evidence the Council has obtained so far suggests that you may have committed an offence.
The interview is held in order to give you the opportunity to provide an explanation of the events that have occurred, although should evidence emerge during the interview that you have committed an offence, you may be prosecuted.
No, you do not have to attend an interview, however if you do not attend an interview this will not prevent the Council from taking further action, such as interviewing you at work or prosecuting you in the Criminal Courts.
Anyone who is not connected to the investigation can attend the interview with you - this person could be a friend, a social worker, or a relative. You will have been informed on your interview letter of anybody who cannot attend with you.
PLEASE NOTE: The Council does not have childcare facilities and will not interview you if you have a dependant child with you at the time of the interview.
If the person attending the interview with you is not a solicitor/legal advisor, they are with you for moral support only; they have no right to speak, to advise you, or to ask questions during the interview.
If you have a severe hearing impediment or English is not your first language (and you have difficulty in understanding and answering in English), the Council will provide a translator at no expense to you.
If you require an interpreter please inform the officer on your appointment letter immediately in order that arrangements can be made prior to the interview.
You can have a solicitor/legal advisor present with you. You will have to appoint a solicitor or legal advisor yourself at your own cost or your local Citizens Advice Bureau may be able to help you.
One or two officers from the Council’s investigation officers will usually interview you. These officers are specially trained to conduct this type of interview.
Sometimes the Council will conduct joint investigations with other agencies, such as the Department for Work and Pensions and the Inland Revenue. If there has been a joint investigation in your case, you may be interviewed by an officer from the Council and an officer from the other agency. If this is the case you will be informed.
As soon as you enter the interview room, two cassette tapes will be unsealed from their packaging in front of you and will be placed into a tape-recorder. The tape recorder will be switched on and will start to record the Interview.
Before you are asked any questions the Council's Officers will explain a number of things to you, including:
That the interview will be tape-recorded.
That the interview is being conducted in accordance with the Police and Criminal Evidence Act 1984 and that a copy of the Codes of Practice for the Act is available for you to consult it.
You will be cautioned and advised of your rights (that you are not under arrest, that you are free to leave the interview at any time and that you may seek legal advice at any time).
You will then be asked questions about your benefit claim. The Council's officers are not bound to accept the first answer you give, they are under a duty to try to establish the truth about what has happened.
At the end of the interview you will be asked to sign a sticky paper seal, which will be used to seal one of the tapes. You will be given a form explaining how you can have access to a copy of the tape, should you require one.
If new information has emerged during the interview, the Council may need to make further enquiries and re-consider your case once these have been completed.
It is possible that the Council will need to interview you again. If this is case a further appointment will me made for you to attend.
This depends on the nature of the case, but usually the Council will write to you within three months from the date of the interview advising of the decision. Where the decision is likely to take longer thank three months, the Council will write to you to advise of when a decision is likely to be made. Prior to leaving the interview, you will be advised of an officers name, phone number as a point of contact for any queries to be made.
Where the Council believes that there is no evidence of an offence having been committed, no further action will be taken, a letter will be sent to you to advice that no further Criminal proceedings will take place. However if any benefit has been overpaid, an invoice will be sent for the repayment of it.
Where the Council believe that there is sufficient evidence to commence court action, a decision will be made in-line with the Councils Benefit Fraud Prosecution Policy what the most appropriate action to pursue. The decision on what action to take is based on many factors, more information can be found about the Councils Benefit Fraud Prosecution Policy on this website. In short, there are 3 actions that the Council can consider; the options are as follows:
Formal Caution
A formal caution is offered whereby in the first instance the Council can, but chooses not to commence court action. A formal caution can be offered whereby you have offered a full and frank admission to the offence committed. The Council and the Department for Work and Pensions record the acceptance of receiving a formal caution, it is taken into account if any benefits in future are claimed fraudulently. Any benefits claimed fraudulently will be invoiced for and is actively recovered.
Administrative Penalty
An administrative penalty is offered whereby in the first instance the Council can, but chooses not to commence court proceedings. An administrative penalty may be offered whereby you have not offered a full and frank admission to the offence committed. There is a financial penalty by accepting an administrative penalty, the penalty is calculated as 30% of the overpaid benefit, 30% is set in Law and is not negotiable. The Council and the Department for Work and Pensions record the acceptance of receiving an administrative penalty, it is taken into account if any benefits in future are claimed fraudulently. Any benefits claimed fraudulently will be invoiced for as well as the administrative penalty and they are actively recovered.
Note: A formal caution and an administrative penalty are alternatives to prosecution. The Council offers these alternatives and it is your decision to either accept them or not. If you decline an alternative, the Council retains the right to commence court action against the offence it believes to have been committed.
Prosecution
The Council will normally commence court action whereby it considers that the matter is too serious to offer an alternative (Caution/Administrative Penalty). Under normal circumstances the Council will instigate action in the Magistrates Court, however in serious cases the matter may be escalated and heard at Crown Court.
