Before the interview - get advice!
Get advice!
Ideally you should get advice from both an adviser and a solicitor who has experience in helping people with interviews under caution. The adviser can advise you about your benefits and the solicitor about your rights in the fraud investigation. They can tell you how the law will affect your particular circumstances, explain your options, negotiate with the DWP or council on your behalf and may come with you to the interview.
Solicitors usually charge for their services. If you can't afford to pay for a solicitor you may be able to get part or all of your legal costs paid through legal aid. Mention this to the solicitor on your first visit. They will be able to carry out the test to check if you are entitled. There is more information on legal aid in the Criminal Defence Service leaflet 'A Practical Guide to the Criminal Defence Service' which you can get by calling 0845 3000 343.
If you can’t afford, or can’t find, a solicitor you may be able to get help from an advice agency for free. Many towns have advice centres, such as Citizens Advice Bureau (CAB), Law Centres and local independent centres. Before you go to them, check if they are able to deal with your problem. It may be helpful to take the step-by-step guide (see the menu on the right hand side) with you to work through together. Take your letter asking you to the interview under caution and anything else you think might be useful with you.
You can also get help over the phone. Community Legal Advice is a free and confidential advice service paid for by legal aid. If you live on a low income or benefits they can give you free advice and help you to prepare for your interview over the telephone. You can contact them on 0845 345 4 345.
It may be difficult to get all the advice and help you need. However, if you need time to get an adviser or solicitor, the DWP or council must delay the interview.
Do I need a lawyer?
If you’ve got a problem and you don’t know what to do next there are lots of different organisations who can help you. We explain how they work and what they can do for you. Read more...
See the Useful contacts section for information on how to find a solicitor or adviser. Advicenow's guide Do I need a lawyer? (see the box on the right hand side) explains the difference between advisers and solicitors and how to use them.
Whether you get help or not, working through the step-by-step guide in the next section should help you prepare for the interview.
