1. We have been told that lots of advisers go to Department of Work and Pensions and local authority benefit fraud interviews with a client. Would this be covered under a Legal Help welfare benefits contract? The LSC has told us that fraud is a purely criminal matter and so would be outside the scope of CLS funding.

2. Are there any circumstances in which a client can be safely advised to go on their own? If the client needs to be accompanied, are there any circumstances in which advisers might consider that it was more appropriate for them to do it, rather than try to refer to a criminal solicitor? If the adviser is unable to make such a referral, should s/he go with the client or let the client go alone?

3. DWP practice and LA practice: does a client always go to a benefit fraud interview under caution? If so, which caution is administered, the right to silence under the Criminal Justice and Public Order Act or the old style caution? Does it matter in deciding whether to refer to a criminal solicitor or not? Would a client (and therefore the adviser) always know if they were going to a benefit fraud interview under caution before the interview?

4. What are the ramifications of staying silent, or not?

5. We have been told that advisors will not find it easy to get a criminal solicitor in these circumstances. If advisors cannot get a criminal solicitor, whom should they refer the client to?

6. If advisers do go to a DWP or LA interview what should they know and what should they be doing e.g. recording the interview in writing?

I can have a go at answering some of the points you raise.

3. My understanding is that any arranged interview under caution (IUC) would be clearly stated in the letter requesting it. I would expect that the letter would briefly explain legal rights, caution etc. I do not think the old style caution can be used anymore. The caution of '...but it may harm your defence if you do not mention WHEN QUESTIONED something you later rely on in court...' is the main thing to be aware of. The right to silence remains, however a court may now take inference from anything that is later brought up in court, that was not mentioned during an IUC. Wether someone seeks advice from a criminal solictor first is a personal choice. I have found that if the person to be interviewed has a good idea what it is about, then they would normally seek advice prior to the interview, discuss it with the solicitor, and then decide if the solictor should also attend. Anyone being interviewed should know what subject they are there to discuss (Benefits, tenancy issues etc). I know that DWP and LA practice for arranging IUCs do vary considerably.

4. Staying silent can work both ways depending on the weight of evidence the investigator has.

6. IUCs are governed by PACE, probably 99% of these IUCs will be tape recorded. Most legal reps do take notes during IUCs, but only if further action is to be taken do they normally ask for a copy of the tape (the procedure for which is explained).