council investergation - help needed

willis999

I recived a leeter from the council asking me to attend a under caution investeragion.
I attended with my wife for the man to tell me he can only interview us 1 at a time, so my wife goes 1st, has the interview under tape.
Once the interview is finished he seals the tapes and takes them away.
I thought my wife was due a copy of the tapes to avoid tampering???

Sureley i should recive a tape too?

please help

AnxiousMum

There should've been two tapes I think - one is sealed away for court, the other is left available for the agency to listen to and decide what actions to take from there. All the while though the one sealed up will be 'the evidence' in any court if it goes that far.

cattie

I believe you can ask for copies of tapes taken at iuc, but they are not given to the person under investigation as a matter of course.

marmite2505

have u committed fraud, looks like someones reported u you should get a solicitor asap

AnxiousMum

cattie wrote: »

I believe you can ask for copies of tapes taken at iuc, but they are not given to the person under investigation as a matter of course.

Agreed that they will not give you a copy of the tape. The whole idea of an interview under caution is that they want you to tell the truth. IF the truth is told, then you know what was said. Where it can cause a problem is if someone is not very good at saying what they mean - and that can cause problems if something is misinterpreted. However, the means of questioning should alleviate any of that - as the interviewer should ensure that the answers are clear after correct questions have been asked.

So, basically - if you haven't done anything wrong, and the truth was told during the interview, you don't need to worry about what your wife has said.

If you have done nothing wrong - I hope it is all done and dusted with soon.

brightonman123

could you take your own recording device, or lawyer? eitherway, take detailed notes of who was there, and what was said.

ceecee1

You just need to ask for a copy and they should send one - you should have been given a note explaining who to contact and how to obtain it.

hanny83_2

Whilst the investigation is still ongoing you will not be allowed access to a tape. One gets sealed in order to protect it's contents. That can only be opened in court or in the presence of a solicitor. The other one gets sent for transcription then gets locked in the manager's cupboard. The transcript will be sent of to the Decision Maker.

They should have explained all this at the IUC. You cannot record the IUC, that is what the tapes are for and you will get in trouble for secret recording. The recording equipment will be picked up on the tape machine.

It should have also been explained on the IUC letter and at the end of the caution that you are entitled to seek legal advice and have a solicitor present.

SkyWatcher_3

hanny83 wrote: »

Whilst the investigation is still ongoing you will not be allowed access to a tape. One gets sealed in order to protect it's contents. That can only be opened in court or in the presence of a solicitor. The other one gets sent for transcription then gets locked in the manager's cupboard. The transcript will be sent of to the Decision Maker.

They should have explained all this at the IUC. You cannot record the IUC, that is what the tapes are for and you will get in trouble for secret recording. The recording equipment will be picked up on the tape machine.

It should have also been explained on the IUC letter and at the end of the caution that you are entitled to seek legal advice and have a solicitor present.

Spot on Hanny83.

To the OP: I would advise that you see a solicitor anyway, even now after the event as you have been interviewed because the Council had reason to suspect that you may have committed a criminal offence and one/both of you may be prosecuted if there is sufficient evidence. You are clearly not sure of your rights so I am suprised that you attended the interview without seeking formal legal advice and/or representation. A solicitor may advise you to arrange a further interview or make a statement to include any points that you may have forgotten during the interview.

To anyone else reading this who gets invited to an interview under caution; see a solicitor - it is a serious matter. They are not there to "get you off" but they can advise you properly. If you are worried about paying for a solicitor there is funding available, don't just assume that you can't afford a solicitor.

brightonman123

i cannot see why you cannot (openly) record a meeting yourself too.. who's to know someone may tamper with or 'lose' the council tapes, if what was said reflects badly on them.

('yes officer, i paid my rent.. and stop hitting me' etc!)

hope matters gets resolved asap.

AnxiousMum

brightonman123 wrote: »

i cannot see why you cannot (openly) record a meeting yourself too.. who's to know someone may tamper with or 'lose' the council tapes, if what was said reflects badly on them.

('yes officer, i paid my rent.. and stop hitting me' etc!)

hope matters gets resolved asap.

Only one of the reasons to take a solicitor into the interview if you are interviewed under caution.