Interview Under Caution. I feel suicidal please help

[jabba jones]

There is some interesting advice here. I think you must remember that each case is different & therefore advising to not attend or to no comment at an IUC across the board is actually very lazy advice, especially from a solicitor who has not even bothered asking for disclosure yet.

 

From what I've heard from my ex-colleagues things have changed over the last few months. The CPS now prosecute for the DWP & where as before, a no comment interview might stop a case been prosecuted, now for a case where the evidence is indisputable (such as working in receipt) a no comment interview with an appropriate overpayment almost guarantees a court appearance.

 

This could differ from area to area but if woohoo does no comment then it might be the case that only mental health issues may stop this from reaching court.

 

If it does get that far then no comment interviews can also work against you. We would sometimes explain the Caution during an IUC. The advised script we were given by our solicitors, who were worried of losing cases where someone claimed not to have understood the caution, was something along the lines - this interview gives you the chance to explain certain facts & your actions. You have the right of silence & do not have to say anything, however, if you do not say anything & the case does get to court & you then say something that you could have said now, the court may wonder why & this may harm your defence.

 

Not attending an IUC can end up even worse. Again if the overpayment is appropriate & if the evidence is good then arrests can be considered. This used to be rare, but I know my old team have a good relationship with their local police & are now attending arrests on a regular basis. So you still get IUC'd only this time it's at the police station & the neighbours get to wonder what you've done! I'd love to hear some of the conversations clients have with their solicitors when their advice has ended with them in this predicament.

 

It may not happen but that's the chance you take.

 

Like I've said each case is different & what path you take must be considered carefully. Sometimes, especially where you've got something to hide, no commenting or not attending is probably the right advice, but is that really the case here?

 

Personally where the offence is known & where woohoo may have problems taking part in the IUC I think a thorough, prepared statement might be best. Add to that as much evidence as possible regarding mental health issues at the time of the offence & take it from there. It won't change the amount of the overpayment, but it will be looked at when considering if prosecution is in the public interest.

 

Just one question for woohoo. A £15,000 overpayment shows that this took place over quite a long period of time. Did you pay your own rent & council tax during that time or just allow the council benefits to do that for you?