What to Do If You Are Arrested for Fraud
On 21st September 2024, Bristol Crown Court convicted a father and two sons accused of swindling the National Trust out of £1 million. Roger Bryant, a former employee of the Trust, used his position to authorise payments to fake companies run by his sons. This fraud, which occurred over five years, highlights how serious fraud charges can be, with lengthy sentences handed down after investigation. The consequences of being charged with fraud are significant, and anyone facing arrest for such a crime must understand their rights and responsibilities.
According to the National Crime Agency (NCA) fraud is the most common crime in England and Wales. The losses associated with fraud have also risen sharply, with individuals and organisations losing billions of pounds annually.
If you find yourself accused of fraud, understanding the legal process is crucial. Here’s what you should do if you are arrested for fraud.
Stay Calm and Cooperate
If you are arrested for fraud, the first step is to remain calm and cooperate with the authorities. The police will inform you of the reasons for your arrest, which will typically be explained under the Police and Criminal Evidence Act 1984. You have the right to be treated fairly and with dignity, but resisting arrest or failing to comply with reasonable requests could complicate your situation and could lead to further criminal charges.
The Role of the Custody Officer
Once at the police station, you will be placed in custody. A custody officer, usually a senior-ranking officer, is responsible for overseeing your detention. They will ensure that you are informed of your rights, including your right to free legal advice, and will assess your welfare while in custody. The custody officer must keep records of your detention, which could be important if your treatment or the procedure relating to your arrest is later challenged in court.
The Role of the Investigation Officer
In fraud cases, an investigation officer, who specialises in complex fraud investigations, will often lead the inquiry. They will gather evidence, interview witnesses, and liaise with financial experts to build a case against you. Investigation officers are highly skilled in uncovering financial wrongdoing, so any attempt to mislead or withhold information is likely to be detected. Fraud investigations can take months, and you may be required to provide additional information throughout the process.
The Interview Under Caution
As part of the investigation, you will likely be interviewed under caution. This is a formal interview in which the police ask you questions related to the alleged offence. The interview will begin with the police caution, warning you that anything you say can be used against you in court.
It is essential to understand that you have the right to remain silent during the interview. However, remaining silent can sometimes work against you if you later decide to present a defence in court that was not mentioned during the interview. It is also incredibly easy to incriminate yourself in a police interview, as you will likely be nervous. Remember, the interviewing officer is trained on how to get suspects to talk – there is no such thing as a “friendly chat”. This is why having a Criminal Defence Solicitor present during the interview is crucial.
Understand Pre-Charge Bail
If you have been apprehended by the police on suspicion of committing a criminal offence, they can detain you for a maximum of 24 hours (extendable to 36 or 96 hours for serious offences like murder). Within this timeframe, they must either formally charge you or release you. If suspicions against you persist and further investigation is required, the police may opt to release you on pre-charge bail.
Pre-charge bail allows the police to continue investigating while you remain free under certain conditions, such as reporting to the police station or avoiding contact with certain people. Under recent changes to the law, pre-charge bail must be reviewed regularly, and police must justify the need for it. If you are released on pre-charge bail, it is crucial to comply with the conditions as breaching them could lead to re-arrest.
Why You Need a Solicitor Immediately
As soon as you are arrested, it is critical to contact a solicitor who specialises in fraud defence. Fraud cases are legally complex and involve detailed financial evidence, which requires expert interpretation. A solicitor will help ensure that your rights are protected from the moment you are taken into custody. They will provide advice on whether you should answer questions during the police interview and help you understand the implications of the evidence against you.
Failing to seek legal representation early can lead to unintended mistakes that may weaken your defence later. In addition, if you are charged with fraud, your solicitor will begin building your case by reviewing the evidence, identifying any procedural errors made by the police, and working to have the charges dropped before your first court appearance.
Wrapping up
Being arrested for fraud is a daunting experience, but it is vital to understand the legal process to protect your rights and position. Cooperation with the authorities, understanding the roles of custody and investigation officers, and seeking early legal advice are key steps in managing a fraud charge. Fraud is treated seriously by the courts, with heavy penalties including imprisonment and financial confiscation, making professional legal guidance essential.
If you require a Criminal Law Solicitor, please call our office today on 02476 231000 or email enquiries@askewslegal.co
