PACE interview? You’re under investigation, old boy
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
We’ve all heard the words uttered by arresting police officers on TV, but if you’re being cautioned by the Council for housing violations then you could very well be in hot water. PACE (Police and Criminal Evidence) interviews are not something to be taken lightly. Here are some important things to know if you’re asked to attend a PACE interview.
If you’re suspected of an offence you must be cautioned before any questions about the suspected offence are put to you for the purpose of obtaining evidence which may be given to a court in prosecution.
You hear these words from a council officer; you have to know that you are heading into very deep and dangerous territories. Actually, this is an extremely serious matter.
If you are being interviewed, there is no such thing as 'not very serious'; a conviction for even a 'minor' offence can have a significant impact on your life. It should not be taken lightly; you are suspected of criminal activity.
It is a criminal offence to fail to apply for an HMO Licence or to comply with the HMO Management Regulations 2006, which can lead to criminal prosecutions and unlimited fines.
If you are being asked to attend a PACE interview in person or perhaps respond to a written PACE interview (seems to be a preferred method for some Councils), you must seek legal advice immediately.
The Local Authority means business
If you are being cautioned they either:
Suspect that you have committed a CRIMINAL OFFENCE but they have insufficient evidence to prosecute you, or;
Simply wish to raise their concerns and establish the most appropriate next course of action. They are likely to consider whether to prosecute you or issue a less severe punishment.
Your invitation to a PACE interview (in person or written) is voluntary
Your decision to attend or partake in the interview will be very much dependent on the circumstances. Remember, the Council suspects that you have committed a criminal offence and are looking to ultimately prosecute you or issue a less severe punishment — but they may not have sufficient evidence.
For this very reason, you must seek legal advice before making a decision as to whether you attend or respond to the questionnaire.
Your rights in a PACE interview
Tell the interviewer if you want a solicitor to help you when you are interviewed. You will not be entitled to free legal advice under a "duty solicitor" scheme (as you would not be at a police station).
Tell the interviewer if you want to look at their Codes of Practice; the Codes of Practice are rules which will tell you what the interview can and cannot do when they want to interview you.
If you are asked questions about a suspected offence, you do not have to say anything. However, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence… those classics from every cop show ever!
The interviewer must tell you about the offence the Council think you have committed and why they need to interview you.
If you need an interpreter, the interviewer must get you one. You can also have certain documents translated.
Tell the interviewer if you are not British and you want to contact your embassy or consulate to ask them to help you.
If your case goes to court, you or your solicitor will have a right to see the prosecution evidence before the court hearing.
If you are not sure about any of these rights, ask the police interviewer to explain.
Remember
You are not under arrest and you do not have to consent to being interviewed.
Before the interviewer asks you to consent, you must be told about your rights, entitlements and safeguards that that will apply to the interview.
You are free to leave at any time unless you are arrested. Additionally, if the interviewer needs consent from you or someone else to stay, the interviewer must leave if you or the other person withdraw your consent.
Further reading
PACE Code C 2019: Requirements for the detention, treatment and questioning of suspects not related to terrorism in police custody.
