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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4728
Experience:  Owner at James Bruce Solicitors
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Can you help with fraud related questions, UK Bradford,

Customer Question

Hi can you help with fraud related questions
JA: Where are you? It matters because laws vary by location.
Customer: UK Bradford
JA: What steps have you taken so far?
Customer: Sorry?
JA: What confuses you?
Customer: I am asking if you can provide assistant on fraud I have a police interview tomorrow
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have been asked to attend a police interview tomorrow
Submitted: 10 days ago.
Category: Law
Customer: replied 10 days ago.
I was convicted of fraud 3 years ago and was given community service. This was all completed and a police officer turned up and asked me to attend an interview at the police station tomorrow
Customer: replied 10 days ago.
He wouldn’t give me any information apart from it’s a fraud related allegation.
Customer: replied 10 days ago.
Why wouldn’t they arrest me if they had an allegation?Also for a second conviction of fraud would the sentence be harsher in the way of a prison sentence?
Expert:  james bruce replied 10 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.

Customer: replied 10 days ago.
Hi there
Expert:  james bruce replied 10 days ago.

Would you be attending as a voluntary attender tomorrow?

Customer: replied 10 days ago.
Customer: replied 10 days ago.
He said when he came to my house I wasn’t under arrest and asked me to attend an interview
Customer: replied 10 days ago.
Obviously said I had to attend
Expert:  james bruce replied 10 days ago.

Due to covid19, where possible police are trying to deal with cases where possible as voluntary attenders to avoid arresting people and filling up custody centres.

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.

Expert:  james bruce replied 10 days ago.

It is always better to go as a voluntary attender to avoid arrest.
You still have the same rights and I advice asking for the duty solicitor to assist you.

Customer: replied 10 days ago.
an arrest would be made after the interview?Would previous convictions have an impact on the outcome for example
Would a prison sentence be more likely because of a previous conviction that only was community service even if the amount of fraud is low?
Customer: replied 10 days ago.
I’m guessing all cases of fraud are prosecuted by the CPS?
Customer: replied 10 days ago.
Also I was told the interview would only be 20 mins, that seems quite short?
Expert:  james bruce replied 10 days ago.

Most cases are yes. Some government depts have their own prosecutors, but most fraud cases are dealt with by the CPS.

Expert:  james bruce replied 10 days ago.

From experience, allow at least an hour.

It can take 5-10 mins each side of an interview to simply do the paperwork.

But if they are prepared interviews can be quick.

Customer: replied 10 days ago.
He just said an allegation was made, does that mean it’s only one or could it mean more than one?
He wouldn’t tell me anything else
Customer: replied 10 days ago.
an arrest wouldn’t be made after the interview?Would previous convictions have an impact on the outcome for example
Would a prison sentence be more likely because of a previous conviction that only was community service even if the amount of fraud is low?
Expert:  james bruce replied 10 days ago.

It may be more than one allegation. I possibly could not say but the solicitor if you  ask for one would find that out before the interview takes place.

If you do end up in court and convicted, then yes the offence would be aggravated because of your previous convictions for fraud.

Customer: replied 10 days ago.
Would that mean prison sentence or would perhaps a suspended sentence be considered before?
Expert:  james bruce replied 10 days ago.

That is not possible to say, as I don’t know the details of the allegation.
It is possible for a second suspended sentence, but also possible a custodial sentence could be given.

Customer: replied 10 days ago.
I never got a suspended sentence before - only community service so it wouldn’t be a second suspended
Customer: replied 10 days ago.
I got community service helping out in a charity shop and to this day 3 years later I still volunteer now. Would that have a positive effect
Expert:  james bruce replied 10 days ago.

That could also be given again as a sentence, it would really depend on the allegation.

Customer: replied 10 days ago.
At this stage I don’t no
Expert:  james bruce replied 10 days ago.

You need to attend the interview and then wait to see if they summons you to court, nothing else you can do at this point.

Customer: replied 10 days ago.
How long does it usually take from the interview to actually having to attend court?
Expert:  james bruce replied 10 days ago.

Again without knowing what evidence they have cannot say. They would present a file to the CPS who would make a decision, then a summons would be sent, so it could take weeks or even several months for that to happen.

Customer: replied 10 days ago.
Ok thanks
Expert:  james bruce replied 10 days ago.

Can I assist or clarify anything further?

Customer: replied 10 days ago.
If it was dropped would I also be sent a letter
Customer: replied 10 days ago.
If the CPS wasn’t prosecuting
Expert:  james bruce replied 10 days ago.

Yes, normally you would receive a letter from the police informing that matter is closed.

Expert:  james bruce replied 10 days ago.

Can I assist or clarify anything further?

Customer: replied 10 days ago.
No thank you
Expert:  james bruce replied 10 days ago.

your very welcome, good luck, and make sure you use the duty solicitor.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. 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.