If a regulatory agency like the Health and Safety Executive, the Environment Agency, or a local authority, suspects you or your business of committing an offence, it is likely that an invitation to attend an interview under caution will be sent to you or your business. This may also be referred to as a PACE interview.

The interview is a formal evidence gathering exercise by the regulator. It is audio recorded and is likely to be used as evidence against a suspect in the event of a criminal prosecution.  It is often a central part of any case for the prosecution and its contents will normally be used by the prosecutor when it is seeking to prove its case against the person charged. As such, it is vitally important that anyone receiving such an invitation takes immediate steps to obtain legal advice.

If you attend a PACE interview you will normally be asked to visit the regulator’s offices where the interview will take place.  The person being interviewed will be “Cautioned” which means that your rights will be explained along with the implications of answering or choosing not to answer the regulator’s questions.  The regulator will ask a series of questions about the alleged offence(s) and may probe and challenge any account you give during the interview.  The length of the interview will be dependent on the circumstances of the case.

A person attending an interview under caution is entitled to consult a regulatory solicitor and that solicitor can be present and advise the suspect throughout the interview. The earlier you instruct a specialist regulatory solicitor in the process, the better.  Ideally, you should seek legal advice as soon as the invitation to attend an interview is received. 

The regulatory solicitor will be entitled to information from the regulator about the precise allegations and why the regulator believes an offence may have been committed. A regulatory solicitor can help you to understand the allegations and help you to identify information that can be put forward in your defence.  Your solicitor can also advise you on the regulator’s request for an interview under caution and can advise you strategically in respect of the options available to you on whether you attend an interview under caution in person, or deal with the interview in writing.

If you have been invited to attend a PACE interview by any regulatory agency, you should seek urgent legal advice. Contact our Regulatory and Licensing Partner, James Lowe, on 07833 240400.