John Veale of Kangs Solicitors highlights a few reasons why, if accused of or being investigated in respect of an alleged crime it is unwise to be interviewed, whether or not under caution, without a solicitor being present.
First Time Arrested
All too often we come across clients who have already been interviewed under caution by the police, HMRC or other prosecuting authority, without engaging the services of a solicitor.
Interviews are a minefield, can make or break a case and specialised guidance is imperative.
Interviewing officers frequently seek to exert pressure to answer questions emphasising that the interview is the only/last opportunity to give an account and will refer to the caution.
- You do not have to say anything.
- But it may harm your defence if you do not mention when questioned something which you later rely on in Court.
- Anything you do say may be given in evidence.
They frequently emphasise the second point above, and that the Court may draw the inference that any subsequent account given could have been made up following the interview.
However, it is worth remembering that any account given in interview which differs to evidence given in Court may draw the same inference.
Talking Yourself Into Trouble
There frequently exists a fine line between having a ‘no comment’ interview and explaining in full the questions raised.
Knowing how to proceed can only result from years of experience in being involved in such interviews.
The technicalities are far too wide to allow discussion in an article of this nature.
Engaging the Services of a Solicitor | Kangs Criminal Interview Specialists
A member of Kangs specialist interview team is always available to assist if you are:
- approached by any prosecuting authority such as HMRC, the police or FCA for a voluntary interview under caution.
- invited by any prosecuting authority to surrender yourself to them at a police station.
- arrested and being held by the police.
Who Can I Contact For Help? | Kangs Criminal Defence Solicitors
At Kangs Solicitors, we have a wealth of experience in dealing with interviews under caution.
You should not hesitate to contact any of our team: