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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2023
Experience:  Owner at James Bruce Solicitors
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You I need some advice. An investigator has asked me to come

Customer Question

I need some advice. An investigator has asked me to come for a voluntary attendance for interview under caution at a local police station. They work for a company that carries out business assurance and fraud investigations and wants to carry it out as soon as possible. Whereas I'm waiting on clarification from a large organisation on the alleged claim which I was informed on Friday it would take 4 weeks to process. It could change everything if the clarification with this large organisation proves I have not committed an offence and it was simply an error on their end it would simply sweep away the foundation upon which the suspected offence against me is based on. Do I have the right to ask the investigator to schedule the interview in 4 weeks time? Or can they force me to come before to carry out an interview which at this point in time without the clarification may end up producing wrong evidence ahasubt as I'm still waiting for clarification myself and need it to bring along to interview ? Thank you
JA: Have you discussed this scheduling issue with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employed, no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Thanks
Submitted: 4 days ago.
Category: Law
Expert:  james bruce replied 4 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
When a person needs to be interviewed by police in relation to a criminal allegation, they can either be arrested and taken to a custody centre, or the police can invite them into a police station for a voluntary interview.

When a person attends an interview at a police station as a voluntary attender, they are there voluntarily and are free to leave at any time.

Anyone interviewed by police either under arrest or as a voluntary attender, no matter how serious or trivial the allegation, can have and use the services of the duty solicitor. That service is completely free. You can request the duty solicitor, and should inform the police officer who will carry our the interview of your request before you attend, so as to avoid any undue delays at the station.

When you and the solicitor arrive at the police station for the interview, the solicitor will speak with the officer carrying out the investigation, and obtain what is called advance disclosure. That means they will ask the police for details of the allegation and what evidence they have.

Next, the solicitor will speak privately with you and explain what they have been told and then obtain your instructions. The solicitor will then advice you on whether to answer questions in interview, or to submit a pre written statement or whether to go no comment.

Once the interview is over, the officer would normally say that the matter would still need to be investigated further and then a reviewing officer would check through everything. A file could then be sent to the Crown Prosecution Service if the police think there is evidence for a case. The CPS would then make a decision on whether to prosecute or not.

Therefore at the moment, they are asking you to attend voluntarily. You could ask them to re arrange. They do not have to. Likewise, you do not have to attend either.

If you refuse to attend, then it is possible police could carry out an arrest on you instead.

Customer: replied 4 days ago.
Is follow up question published publicly or r remains private ? As I want to say the name of the company conducting the investigation for fraud
Expert:  james bruce replied 4 days ago.

All questions are on a public system. Your details are not disclosed.

Expert:  james bruce replied 2 days ago.

Hello, I am just following up on your enquiry to see if I can assist further. Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.