Benefit Fraud Investigations

Legal Specialists in Criminal Law

We provide advice and assistance at interviews under caution carried out by the Department for Work and Pensions and Local Authorities in relation to benefit over payments.

As with all criminal and regulatory cases the first action any department or agency will take after an allegation has been made, or a suspected offence has been committed, is to investigate the matter. This will usually result in speaking to those suspected of being involved in the alleged offence at interview conducted under Caution, in compliance with the Police and Criminal Evidence Act 1984 (PACE).

An interview conducted in this way enables the contents of the interview to form part of any court proceedings. It is obviously important that should you or one of your employees find themselves in a position where they are to be interviewed under Caution that you obtain the correct advice as to how to proceed in the interview.

Interviews conducted in accordance with PACE provide the interviewee with the right to obtain legal advice. You should always take up this right, even when you do not think you have done anything wrong, as it will enable you to be fully advised as to what the allegations against you are and your options before the interview begins. Without a legal representative you will not be made aware of the details of the allegations before the interview begins. Sometimes things can be said during interview which unintentionally strengthens the case against you.

Interviews in respect of suspected benefit fraud are usually conducted by civilian investigators from the Department of Work and Pensions who will usually have conduct over the entire investigation, including the interview under Caution.

This is important to note for two reasons;

1. The interviewers will usually be specialised in their specific field of investigation and will therefore know a great deal about the area they are investigating and the legislation that accompanies it. It is therefore important to obtain legal advice yourself so that you are placed on a more level playing field.
2. Whilst you are entitled to legal advice this is not available free of charge under the Duty Solicitor scheme, as it would be at a Police Station, unless the interview is conducted by, or in the presence of, a Police Officer. We will always keep you fully informed about our prospective costs and provide you with you a realistic quote based on the type of investigation you have been requested to attend

Should any investigation lead to you receiving a summons to court for the alleged offences we are also able to offer representation at Court and will be able to fully advise you as to your best course of action in respect of plea, success at trial and any likely sentence. You can read more about funding here.

For more information please contact the specialist advisers in our Criminal Team on 01978 29100. Alternatively, email [email protected]