This Practice Note explains the law in relation to interviewing a suspect under caution under the Police and Criminal Evidence Act 1984 (PACE 1984) and associated PACE Codes of Practice, in particular PACE Code C. It details what an interview under caution is, the advice that should be given to a suspect by their solicitor before the interview takes place, details of where the interview will take place and how it will be conducted. It also examines how the interview will be recorded and the position when interviewing juveniles or vulnerable persons. It also explains ‘no comment’ interviews and written statements given under caution. Present and historic versions of the PACE 1984 Codes of Practice are published by the Home Office and can be found here. What is an interview under caution? An interview is the questioning of a suspect regarding their involvement or suspected involvement in an offence which must be carried out under caution (a person must be cautioned when there are reasonable objective grounds to suspect them of committing an offence). The police

This Checklist is a basis for a legal representative preparing for and conducting an interview with an employee of a client whose colleague is suspected of civil wrongdoing. It does not cover the requirements for taking a witness statement for use in court proceedings which would occur, if at all, at a much later stage. For a discussion of that topic, see Practice Note: Planning, interviewing and assisting witnesses—Interviewing a witness and providing information. The purpose of the interview The purpose of the interview will be to ascertain facts so that a fuller picture of whatever is being investigated can be seen by the relevant decision-makers within the client. Several employees may have relevant information. This needs to be collated quickly and efficiently. Those employees should be interviewed separately from each other and emphatically discouraged from discussing their own recollection with each other. ‘Group memory’ tends to provoke false or exaggerated recollections. The purpose, therefore, is to obtain a series of statements about the matter. Even if not entirely consistent,

Compulsory interviews under Criminal Justice Act 1987, s 2—section 2 interviews Compulsory interviews under section 2 of the Criminal Justice Act 1987 (CJA 1987) (section 2 interviews) are an investigative power conferred to the Serious Fraud Office (SFO) to investigate any suspected offence involving serious or complex fraud. The section 2 interview power is the power to compel: • the attendance of witnesses at interview • answers to questions put during such interviews, and • the production of documents The process is initiated by way of a section 2 notice. The Director of the SFO is able to assign investigative functions under CJA 1987, s 2 to members of the SFO or any competent investigator (other than a constable) for the purpose of investigating the affairs specified in the grant of the authority. Evidence of the authority must be produced for the person to be bound by it. Joint investigations between the SFO and other agencies (in particular, the police) are common. The SFO also has the power to interview

MLex has reported that Intesa Sanpaolo has been fined €100,000 by the Italian Data Protection Authority (DPA) for violating the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). An employee of the bank had given a girl's account information to her father, who is a former employee of the bank and previously had parental authority until his daughter reached the necessary age to access her personal data, the DPA said. But the bank failed to verify the parental authority, which was in fact no longer valid.

An intestacy arises where a person dies without legally bequeathing his property.

The statutory rules that govern the administration and distribution of a person's estate where they have died intestate.

Total intestacy A total intestacy occurs when all of the deceased's property is undisposed of because: • the deceased did not make a Will • the deceased left an invalid Will • the deceased's Will was revoked • the Will does not contain any disposition of the deceased's property, or • the Will, although valid, fails to be effective because, for instance, the sole beneficiary predeceased the deceased Intestacy rules applicable on total intestacy If the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to: • all the movable property of the deceased wherever situated, provided the intestate was domiciled in England and Wales, and • all immovable property of the deceased in England or Wales, whether the deceased was domiciled in England and Wales or elsewhere The intestacy rules apply to the residuary estate of the deceased not otherwise disposed of, ie the property that remains after all of the deceased's debts have been paid and any valid legacies effected. The rules apply only to property

Practice Note: Intestacy—summary contains guidance on who is entitled to inherit on an intestacy, as well as the priority order for entitlement to apply for a grant of letters of administration. For more information on who is beneficially entitled to inherit on an intestacy, see Practice Note: Intestacy—beneficial entitlement. See also Flowchart: Entitlement on intestacy—flowchart. This Practice Note looks at some intestacy scenarios covered in our Q&As. For a collection of our Q&As dealing with who has priority to apply for a grant of letters of administration on intestacy, see Practice Note: Intestacy—priority to apply for grant—Q&As. Intestacy where there is a surviving spouse or civil partner Practice Note: Intestacy—beneficial entitlement sets out the key matters to be considered in cases where the deceased has died wholly intestate. With respect to the position of the surviving spouse, see section: Intestacy—beneficial entitlement—Spouse or civil partner. If the deceased left no issue, the spouse will take the entire estate. If the deceased left issue, the spouse will take any personal chattels, the statutory legacy (£322,000) and one-half of the residue absolutely.

For an introduction to the intestacy rules, see Practice Note: Intestacy—summary. Practice Note: Intestacy—beneficial entitlement contains guidance on who is entitled to inherit on an intestacy. See also Flowchart: Entitlement on intestacy—flowchart and Practice Note: Intestacy—beneficial entitlement—Q&As. This Practice Note looks at who has priority to apply for a grant of letters of administration in relation to an intestate individual’s estate in certain scenarios, as covered in our Q&As. For information on who may apply for a grant of letters of administration with Will annexed, where the deceased left a Will but there is no executor willing or able to act, the order of priority is set out in NCPR 1987, SI 1987/2024, r 20. See Practice Notes: Administration with Will annexed—priority to apply for grant—Q&As and The type of grant needed. Entitlement to grant on intestacy The right to apply for letters of administration follows the same order of priority as for beneficial entitlement on intestacy and is based on an individual’s relationship with the deceased individual. The order is set out in rule 22 of the Non-Contentious

The intestacy rules If the deceased died totally or partially intestate, either because they did not leave a valid Will or part of their Will is invalid or ineffective, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to: • all the deceased’s movable property wherever situated, provided the intestate was domiciled in England and Wales, and • all the deceased’s immovable property in England or Wales, wherever they were domiciled Enquiries about a Will A thorough search should be made to ascertain if the deceased made a Will. If no Will is found, enquiries should be made of the deceased’s next of kin and any known advisers that the deceased had instructed in their lifetime in relation to estate planning to ascertain whether a Will was made and lost. See Practice Note: Obtaining the Will. Reasons for total intestacy There is no statutory definition of intestacy. A total intestacy occurs when none of the deceased’s property is disposed of because: • the deceased did not make a Will • the Will was ineffective