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Benefit fraud IUC second interview
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atrixblue.-MFR-. wrote: »Legal rep or not the OP would be entitled if it wasn't a mickey mouse IUC conducted by civil servants at the JCP/DWP interview kiosk these people have the same power as you and me, they are not police or CPS therefore need not stick to the same rules or higher court rulings.
Pre interview disclosure entitlement is not applicable here as the OP hasn't been charged with anything by police. This is a JCP/DWP interview with a Fraud Investigator who is under no obligation to tell anything of his case make up/Evidence to the OP because he is a civil servant acting upon the secretary of states authority, unlike a police constable or prosecutor who took a oath to uphold the constitution and protect the queen as here:
I, ... of ... do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law
If the OP then gets charged (by police or CPS) with anything the police or CPS will conduct their own IUC with the evidence gathered from the FI, and this is where the OP would be entitled to a PID.
At this stage JCP/DWP has no PID obligations to the OP they can merely say its related to XYZ.
All interviewees get pre-interview disclosure prior to the IUC, its called an MG6A, this has to be given out regardless of having a legal rep or not. This has to contan the offence that is believed to be committed and a list of the evidence. This can be brief as long as it gives you the minimum information needed regarded the matter.
As others have stated it has to be a PACE compliant IUC and any breaches will make the IUC null and void with regards to any further action.
All investigators are trained in PACE as it is a legal requirement for IUC's, nothing mickey mouse about it.
No further IUC's are conducted by the CPS or the police after the DWP IUC if charges are laid, the case is passed to the CPS just like the Police do and they, the CPS prosecute using the IUC and evidence gathered by the DWP just as they would with a Police investigation.
Where do you get your mis-information from?0 -
Ok my bad I admit I was wrong about IUC PID requirements.0
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atrixblue.-MFR-. wrote: »Ok my bad I admit I was wrong about IUC PID requirements.
And that DWP investigators don't adhere to PACE and that the CPS will conduct an IUC. What was your source as it needs correcting0 -
lets not side track the OP's thread here, I apologised, get over it and move on people nothing else to talk about on that aspect.0
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