Taped Interview Under Caution - Wrexham County Borough Council

Formal InterviewTaped Interview Under CautionWhy have I been asked to attend an interview under caution?Wrexham County Borough Council has asked you to attend an interview undercaution because it believes that there are grounds to suspect that you may havecommitted a criminal offence.The interview is held in order to give you the opportunity to provide the interviewingofficer with your version of events.If following the interview, the evidence shows that you may have committed acriminal offence, criminal proceedings could be taken against you.What will happen if I fail to attend an interview?If you fail to attend the interview without a good reason it will not prevent WrexhamCouncil from taking further action, such as prosecuting you in the criminal courts.Should I obtain legal advice?You may wish to seek legal advice from a Solicitor / Legal Advisor (who is legallyqualified) present with you during the interview.You can seek legal advice from a Solicitor or Legal Advisor yourself, or your localCitizens Advice Bureau, or Welfare Rights Group may be able to help you.Wrexham Council cannot help with the cost of legal advice or for the cost of aSolicitor / Legal Advisor attending your interview.Who can attend the interview with me?You may have a Solicitor or accredited Legal Advisor present during the interview.A friend, relative or unqualified Legal Advisor cannot attend the interview with you.Appropriate adultsThere are circumstances where the Police and Criminal Evidence Act 1984 requiresthe presence of another adult, known as an appropriate adult, whose role is to adviseand assist during the interview.People under 17 must have an appropriate adult with them at an interviewPeople who are mentally disordered, mentally vulnerable or mentallyincapable of understanding the reason for questions or their replies, may alsorequire an appropriate adult with them at interview.

If you think that either of these apply to you, it will be necessary to arrange for anappropriate adult to accompany you to the interview. This person could be a parent,guardian, social worker or any person who has responsibility for your welfare.Who will interview me?Wrexham Council officers, specially trained to conduct interviews under caution, willinterview you.Sometimes Wrexham Council conducts joint investigations with the Department forWork and Pensions, in these cases an officer from the DWP may be present at theinterview.What happens at the interview?You will be informed that the interview is being:Tape recordedConducted in accordance with the Police and Criminal Evidence Act 1984. Acopy of the Codes of Practice will be available at the interview for you to read.Three cassette tapes will be unsealed from their packaging in front of you and will beplaced into a tape recorder. The tape recorder will be switched on and will start torecord the interview.A caution will be read to you as follows:“You do not have to say anything. But it may harm your defence if you do notmention when questioned something which you may later rely on in court. Anythingyou say may be given in evidence.”This means in Law you retain the right to silence and do not have to say anything.However if you do not say anything and the case goes to court and you say somethingin court, which you could have said during the interview, the court may wonder whyyou did not mention these facts or reasons during the interview. This could harm yourdefence in court.You will also be told the following, that you:Are not under arrestAre free to leave at any timeMay seek legal advice at any timeYou will then be asked questions relating to the alleged offence. The officers are notbound to accept your first answer you give but are under a duty to establish the facts.At the end of the interview you will be asked to sign a paper seal that will be used toseal one of the tapes and you will be given a form explaining how you can obtain acopy of the taped record.