Interview under caution meaning

This Checklist outlines the matters defence practitioners may wish to weigh up when guiding a corporate client about attending an interview under caution arising from suspected corporate criminal conduct in England and Wales. It should be considered alongside the Practice Notes: Interview under caution and Voluntary attendance at an interview under caution. Advising clients before an interview under caution When a corporate client is asked to attend an interview under caution: Make sure the client grasps what an interview under caution involves and the significance of the caution. Confirm the client appreciates their rights before and during any interview under caution under the Police and Criminal Evidence Act 1984 (PACE 1984) and PACE Code C. Explain what to expect at the interview under caution and the procedural steps the interviewing officer must take to meet PACE Code C. If the client forms part of a corporate group, verify the request for interview has been addressed to the correct legal entity...

Key reading for lawyers attending s 2 interviews The Serious Fraud Office (SFO) is empowered to compel interviews with persons thought to hold information pertinent to an investigation, by issuing a notice under section 2 of the Criminal Justice Act 1987 (section 2 interviews). For comprehensive guidance on this power and the practical issues it creates, refer to: Interviews under the Criminal Justice Act 1987, s 2 For additional resources relevant to attending interviews under caution and those conducted at the police station, see: Attendance at the police station—checklist Attendance at a corporate crime interview under caution—checklist As the Police and Criminal Evidence Act 1984 (PACE 1984) does not apply to s 2 interviews, there is therefore no statutory right for an interviewee to have legal representation. It is consequently vital that criminal practitioners are familiar with the SFO guidance for lawyers: section 2 interviews...

This Checklist Read this Checklist alongside the other Practice Notes mentioned below. Specifically, for voluntary interviews held under caution, consult Practice Note: Voluntary attendance at an interview under caution. A defence solicitor present at an interview under caution must be conversant with the Police and Criminal Evidence Act 1984 (PACE 1984) and associated PACE Codes of Practice. This Checklist relates to attendance at the police station in the context of general criminal investigations. Distinct rules and processes apply to certain alternative matters, including interviews carried out by the Financial Conduct Authority (FCA), Serious Fraud Office (SFO) or National Crime Agency (NCA)...

Banks and payments firms in the UK could see 'confirmation of payee' functionality expanded to include payment transaction data as their regulator looks to shore up defences against APP fraud. Under the proposed enhancement, banks may swap indicators such as how long an account has been open and how frequently it is used, helping both sending and receiving institutions judge the risk of a payment, according to the PSR’s new policy chief, Claire Simpson, speaking in her first interview since taking the role. Since 7 October 2024, the PSR has required banks and payment firms to reimburse most APP fraud cases, capped at £85,000. ‘Confirmation of payee’ is a compulsory name-check intended to cut misdirected transfers. When a customer pays a new recipient, their bank verifies that the name provided for the payee matches the name on the receiving bank’s account. Simpson added that the same capability could support sharing further details. She said the regulator is particularly focused on transaction-level data sharing to curb risks...

This Practice Note outlines the legal framework for interviewing a suspect under caution pursuant to the Police and Criminal Evidence Act 1984 (PACE 1984) and the accompanying PACE Codes of Practice, with particular emphasis on PACE Code C. It sets out what an interview under caution entails, the advice a solicitor should provide to a suspect before it occurs, where the interview will take place, and the way it will be conducted. It further considers how the interview will be recorded and the approach when dealing with juveniles or vulnerable persons. It also addresses ‘no comment’ interviews and written statements made under caution. Current and historic versions of the PACE 1984 Codes of Practice are published by the Home Office and can be found here. What is an interview under caution? An interview is the questioning of a suspect about their involvement, or suspected involvement, in an offence, and it must be conducted under caution (a person must be cautioned where there are reasonable, objective grounds to...

Under the Criminal Justice and Public Order Act 1994 (CJPOA 1994), a court may draw adverse inferences if a defendant relies on facts for their defence that were not stated when interviewed under caution at the time, whether during formal questioning or at the charge stage. For further guidance on interviews conducted in accordance with the Police and Criminal Evidence Act 1984 (PACE 1984), see the Practice Note: Interview under caution. What is an adverse inference? When addressing the jury, a judge must specify any particular matters the prosecution allege the defendant failed to mention, thereby alerting the jury to any inference or inferences they are invited to draw from that omission. CJPOA 1994, s 34 provides that a court may draw such inferences ‘as appear proper’ from a failure to mention facts later relied on at trial when determining whether to dismiss a charge, whether there is a case to answer and, most frequently, whether the defendant is guilty...

Financial Conduct Authority interviews The Financial Conduct Authority (FCA) may hold interviews either on a voluntary basis or under compulsion, and it alone decides which route to take. As a matter of routine, set out in the FCA Handbook’s Enforcement Guide (ENFG), the regulator invokes statutory powers to require questions to be answered in interview, promoting fairness, openness and efficiency. That framework is adopted for reasons of fairness, transparency and efficiency. Where the FCA suspects regulatory and/or criminal misconduct, it need not immediately determine whether any later proceedings will be criminal or regulatory. The FCA retains discretion to deploy whatever powers it considers suitable to carry out its statutory function of investigating the alleged misconduct. If there is a prospect of criminal prosecution, or in market abuse enquiries, the FCA may question suspects under caution. Ordinarily, an interviewee is accompanied by a legal adviser; however, the FCA may refuse a particular adviser’s attendance due to conflicts of interest, or where a duty of disclosure is owed to another person....