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HB Fraud - interview under caution
HB Overpayment caused by un-declared WTC - client was interviewed in 2010 by Council fraud officers and she claims to have accepted she contributed to the overpayment and that she was simply not aware she was being overpaid. But she also claims to have been intimidated and bullied into signing document accepting an Administritive Penalty under 115A of the Social Security Administration Act 1992, as an alternative to potential prosecution.
I requested, and despite some resistence, I have obtained a copy of the recorded interview.
My first question is two fold - If interview must be recorded ? and if so must it be recorded in its entirety?
Reasons for this question ? - The recording does not include any discussion or indeed any reference in relation to an administrative penalty and therefore must have been discussed after the tape was switched off.
I have no experience of dealing with anything similar and wondered if this “odd” situation is something which could be challenged legally, or otherwise ?
As always I am grateful for all advice/opinion.
On the specific issue of what was, or was not, admitted during the IUC, is Wyman [R oao] v Chief Constable Hampshire [2006] EWHC 1904 of any assistance? In short, a caution is not allowable without “clear and reliable admission”. In considering this, “intent” is a factor to be taken into account. If your clients “admission” was not clear AND reliable, it is open to challenge.
Wyman: http://www.bailii.org/ew/cases/EWHC/Admin/2006/1904.html
As for the procedural matters relating to the conduct and/or recording(s) of the IUC, my understanding is that this would largely be down to PACE but others may have more to contribute on that issue.
IUC’s must be taped under the provisions of section 60 of PACE and operated under the guidance contained in PACE code of practice C (and yes, recorded in its entirety). Note, he doesn’t have a right to a copy unless legal proceedings are issued, so well done for getting hold of a copy of the tape. A person can change his mind within 28 days over accepting an admin’ penalty but loses his immunity from prosecution if he does so.