Q&As

Can a local authority conduct an interview under caution with an individual suspected of a criminal offence?

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Published on LexisPSL on 08/09/2016

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Can a local authority conduct an interview under caution with an individual suspected of a criminal offence?

Can a local authority conduct an interview under caution with an individual suspected of a criminal offence?

An interview under caution is the formal questioning of a suspect regarding their involvement or suspected involvement in an offence which must be carried out in accordance with, and under the caution specified in, the Police and Criminal Evidence Act 1984, Code C (PACE Code C). Failure to comply with the requirements of PACE Code C may result in the evidence obtained being excluded as unfair evidence under PACE 1984, s 78. For further information, please see our Practice Notes: Interview under caution and Exclusion of unfair evidence in criminal proceedings.

It is possible in certain circumstances for local authorities to interview a suspect under caution. This will be the case where the local authority is the enforcement authority responsible for enforcing the specific legislation which creates the offence suspected. The enforcement powers available to local authority officers when investigating potential breaches will depend on which legislation may have been breached. Further information is provided in our Practice Note: Local authority investigations—Enforcement powers.

It will be therefore be necessary initially to identify the specific offence which may have been committed, then look at the relevant legislation to see

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