Interview under caution am really scared!

dippy3103

Guest101 wrote: »

OP my advice, as always is to read from a pre-prepared statement, take notes and answer no comment.


The interview is to gather evidence against you. Anything you want to say can be in your prepared statement

And have you taken into account the possibility of adverse inference being drawn?

I would only advise that you go down that route if a qualified legal adviser suggests it once they have had disclosure and are in possession of all the facts of the case. It might well be that the o/p can answer the questions with an explanation which shows that they have not done anything wrong- sometimes there is a reasonable explanation which can be given which ends the investigation.

MABLE

TheHoneyMonster wrote: »

I'm claiming income support, housing and council tax benefit, child tax credits and I get child benefit for my 3 girls who are 2 and 6. I have to go to an interview under caution and I am really scared because I do not know what for. I am terrified I have done something wrong. People keep telling me being interviewed under caution is because i've committed fraud but I am certain I have done nothing wrong!!!!!!!!!

i'm a single mum, with 3 girls, the youngest are 2 and my eldest is 6. I am 22 and am not with there dad in a relationship anymore. We separated before the youngest was born although he does see them several times in the week and occasionally stays over since he works locally but lives 30 miles away, we are not in a relationship, he sleeps on the sofa when he stays, last week it was for two nights. He contributes to the upbringing of the girls by occasionally giving me an income of £100 and he often just buys the girls things that they need. I don't work, but do sometimes look after another child in the evenings whilst her mum is out working, she does not pay me cash, she gives me avon gifts for helping out. I need some advice I don't know what to do.

You may depend if you have been dishonest about your real circumstances they will find out and these investigators do not take prisoners. However you have nothing to fear because you know you have done nothing wrong.

Guest101

dippy3103 wrote: »

And have you taken into account the possibility of adverse inference being drawn?

I would only advise that you go down that route if a qualified legal adviser suggests it once they have had disclosure and are in possession of all the facts of the case. It might well be that the o/p can answer the questions with an explanation which shows that they have not done anything wrong- sometimes there is a reasonable explanation which can be given which ends the investigation.

Ofcourse.... But that on it's own is not evidence of an offence. It's only really applicable if there is an offence and substantial evidence thereof.


The OP wont get full disclosure prior to interview.

Guest101

TELLIT01 wrote: »

How is the OP supposed to prepare a statement in advance when she doesn't know the reason for the interview? "No comment" responses will only extend the period of uncertainty.

Perhaps, but equally the OP might flap, say something which is misinterpreted or ambiguous, or try to hide something perfectly legitimate.

dippy3103

Guest101 wrote: »

Ofcourse.... But that on it's own is not evidence of an offence. It's only really applicable if there is an offence and substantial evidence thereof.


The OP wont get full disclosure prior to interview.

They wouldn't, but a legal rep would.

I'm just saying that if you have a good explanation to various documents which appear to be incriminating then better to give it there and then. Hence the caution saying "if you do not mention when questined something you later rely on in court".

TELLIT01

I've never been in the situation, but presumably the OP could say at any time that they don't want to say any more until they have legal representation. If the OP thinks the whole situation is going wrong that would be the time to stop. If there is nothing to hide, why delay?

dippy3103

TELLIT01 wrote: »

I've never been in the situation, but presumably the OP could say at any time that they don't want to say any more until they have legal representation. If the OP thinks the whole situation is going wrong that would be the time to stop. If there is nothing to hide, why delay?

They have a right at any time during the IUC to day thatvgheg wish to suspend for legal advice

Muttleythefrog

I think I caught that you're having interview today. Hope it went or goes well. It is possible that you may be wrong about the theme of the investigation... but maybe not. I was interviewed about potential benefit fraud but not under caution... what I did do not least because I didn't have a clue what I'd done wrong... was speak to the person who invited me for interview and ask if there was any documentation I could collect in order to help them with their investigation. That worked well for me in that I had assumed they were suspicious my foreign partner had moved in (I was asking a lot of questions in order to get the Visa application details correct regarding income before and after her move)... but she revealed they had details of an account with a staggering amount of money in it that belonged to me... I was able to evidence that account had never had such monies it by disclosing all statements. The worry and stress drove me to move the appointment forward as I genuinely felt I would not survive much longer.. made me very ill and I hope things work out similarly for you but with less anxiety.

Guest101

dippy3103 wrote: »

They wouldn't, but a legal rep would.

I'm just saying that if you have a good explanation to various documents which appear to be incriminating then better to give it there and then. Hence the caution saying "if you do not mention when questined something you later rely on in court".

It MAY harm your defence if you do not mention when questioned something you later rely on in court.


Let's not miss out crucial words

Guest101

dippy3103 wrote: »

They have a right at any time during the IUC to day thatvgheg wish to suspend for legal advice

And simply leave. This isn't a police interview and they are not under arrest.