Interview under caution

real1314

Right, just to correct a few myths being spouted here:-

1. Someone said you CANNOT be arrested for an IUC for benefit fraud. This is incorrect. It's not something that is often used, but persistent refusal to attend an IUC could lead to arrest. I'll re-iterate though, it's very rare that this option is used.


2. Vax has said you can't have legal representation. This is wrong. The IUC is under PACE, which allows legal representation. You could alternatively take a friend. But your friend cannot respond/question the investigators.

:cool:

kelloggs36

Was about to post this myself! Having been a fraud investigator, I can assure you that you will NOT be arrested under any circumstances - it isn't a police matter. During the interview you will advised that you have the right to have the interview suspended at any time for you to go and seek legal advice; you can have legal representation if you wish, but you will have to arrange it yourself. You can have a friend, but only to accompany you, not to speak for you. They are looking at gathering the FACTS - why you claimed what you should not have - after which they will make a decision as to whether they have enough evidence to prosecute you or not.

hoobily

Thank you kellogs and real1314. I'm getting myself tied up in knots over this. It says that if the overpayment is over £2000 they'll prosecute!!! It was a genuine error on my part I admit. I'm truly petrified :-(

vax2002

kelloggs36 wrote: »

They are looking at gathering the FACTS - why you claimed what you should not have - after which they will make a decision as to whether they have enough evidence to prosecute you or not.

If they had enough evidence they would not bother with the interview On representation what i am saying is you are not entitled to a legally aided representative but you can be charged and the evidence sent to the CPS for prosecution.
IMO it is extremely foolish to attend any interview under caution without legal representation and if you can not afford it then wait until the proceedings reach a stage where you can have it publicly funded before you give any information or statement .

Naf

hoobily wrote: »

I have to take bank statements in.

What bank statements have they asked for specifically?

hoobily

My bank account ones. For proof of identity apparently

Naf

Oh, just for ID. I had assumed they were asking to see something on them (even though, as stated above, they can get them anyway).
I think your best option is to go, sit quietly while they explain exactly what it is about, take all your parsnips ( ;-) then again maybe a snack would be good lol), benefit papers, copies of the letters regarding your lodger and about your agreement to pay back the current amount. Ask questions to get to the bottom of their specific query before answering any of theirs. Don't feel the need to constantly defend yourself, or to fill any silences they leave, or to give answers when no questions have been asked.

hoobily

Can I ask why you asked about bank statements

hoobily

Thank you. That helps a lot xx

Naf

hoobily wrote: »

Can I ask why you asked about bank statements

I guess you read my above post after you posted this? I assumed they wanted to see you hang yourself by providing them with proof of what they were investigating, even though they would already have it.