Business Crime & Fraud Services

Business Crime & Fraud

Interviews under caution

“They are fantastic – they are experts who are cerebral and think intellectually about issues.”

CHAMBERS UK 2021

If you have been invited to an interview under caution you are suspected of a criminal offence and should seek legal advice.

In a caution interview, anything the interviewee says can be used as evidence against him (and potentially others) in a criminal trial. Conversely, if the interviewee refuses to answer questions, his silence can, in certain circumstances, be used against him. It is therefore vitally important that the right strategy is adopted before, during and after the caution interview.

How the interviewee responds to questions in the caution interview will have a profound impact on the future course of an investigation, including the likelihood of the interviewee being prosecuted.

It is a misconception that the purpose of a caution interview is to afford interviewees the opportunity to cooperate with an investigating authority by answering questions. Whilst answering questions may be the right choice in certain cases, it is rarely so in a complex investigation where the authority has refused to provide meaningful disclosure. It is therefore important to adopt a rounded view of the purpose of a caution interview.

At Corker Binning we recognise that no two caution interviews are the same. We have many years’ experience of advising clients how best to prepare for caution interviews with the police, SFO, FCA, HMRC, CMA and other law enforcement authorities. Our objective in preparing clients for caution interviews is to reduce, to the extent possible, the likelihood that they will be prosecuted. Our advice is tailored to the facts of each case and is designed to ensure that each client achieves through the caution interview the best possible framework for avoiding prosecution.

Cases