There is nothing quite so shocking as being faced with the accusation of fraud. In the face of serious fraud accusations, understanding your rights is paramount. Regardless of innocence, it’s important that you know your rights and the legal protection that’s out there.
In order to make a lawful arrest, the HMRC officer must believe that the arrest is necessary. The reason for the arrest must be stated in section 24(5) of PACE 1984.
Typically, when you’re suspected of fraud, you’ll be taken to the police station immediately. You’ll have a custody record opened and your rights will be informed in front of you. This includes the right to a legal representative and the officer in question will determine whether there is ‘sufficient’ evidence to charge you with the crime.
It’s important that you then contact your legal representative before being questioned. Remember, anything you do so, may be used against you in a court of law so having a representative there from the beginning is crucial.
If you end up being charged, you’re either released on bail or you’ll be remanded to then be brought before the Magistrate’s Court at a later date.
It might be that you have been arrested without warning and it’s likely going to be at a time when you least expect it.
When this happens, it can cause a lot of stress and emotional turmoil, regardless of whether it’s on a personal or professional level. Being interviewed by the police is also something that no one prepares you for and as such, it can be extremely traumatising.
It’s therefore vital that you obtain legal advice and representation as soon as possible. It’s your legal right to ask for it and as mentioned above, it should be offered to you once you reach the police station.
Getting legal representation can influence those early stages of the investigation where one wrong word could be used against you unfairly. In the worst-case scenario, it could end up in a conviction. With ABV solicitors, we can step in at this crucial point, helping to guide you through this challenging experience.
If you don’t already know, you have a right in regard to the presumption of innocence. Article 6 of the Human Rights Act 1988 gives every citizen of this country, who is charged with a criminal offence to be presumed innocent until proven guilty according to the law.
When you’re arrested, it can feel like you’re already guilty, even if you’ve not done anything. In some cases, if you have a notable presence individually or as a business, the media can get involved. In the court of the media and public opinion, guilt is often presumed before innocence.
It’s therefore important that you have the legal support available to help enforce this presumption of innocence, as well as reinforce that fact to you. It can often feel like you’ve done something wrong, even when you haven’t.
When you’re being questioned in an interview room, the interviewers will be trained in how to question suspects. Knowing how to approach each question is important because again, anything said in this recorded environment, could then be used in a court of law against you – as well as for you.
The privilege against self-incrimination means that you do have the right to refuse to answer a question or to produce a document. When refusing to answer a question, it’s usually with the response ‘no comment’.
This doesn’t mean you’re guilty of saying those words, it’s often helpfully used to make sure you’re not tripped up by the interviewer’s questions.
With an ABV solicitor, we can help provide the safeguarding needed to protect you against self-incrimination. It’s important to know the legal safeguards available, yet not everyone is given this information. We’re not taught about it in education and therefore when put into a situation where you’re accused of a crime, it’s easy enough to be caught in a trap.
Armed with knowledge of this, means you ensure your rights are protected.
We all want to be treated fairly, and thus is our right to do so. When it comes to being accused of serious fraud, you are entitled to fair treatment, regardless of your truth.
The Human Rights Act of 1998 lets you defend your rights in UK courts. It compels public organisations such as the Government, the police and local councils to treat everyone equally. With fairness, dignity and respect, if this is not upheld, then this could be grounds for legal action in favour of your case.
You would hope that the police who are accusing you of fraud, treat you fairly but this is unfortunately not always the case. It can be that you’re met with bias and despite the evidence, the officers in question might believe you are guilty before stepping into the interview room.
Therefore, having legal representation will make sure you get the right to fair treatment every step of the way.
Fraud of any level is an accusation that shouldn’t be taken lightly, which is why having ABV solicitors on your side is crucial. ABV fraud solicitors can help protect you against potential injustices that rear its ugly head in the legal process.
ABV solicitors have successfully represented many clients who have been faced with complex and serious fraud cases in the UK. We’re regarded as leaders in the field, having significant experience in providing both advice and representation to those who need us.
If you’ve been accused of fraud, then the next step is to get legal representation as soon as you’re arrested. By getting legal aid from the beginning, you help minimise the risks of being accused of something you’ve not done or for having your words used against you in a court of law. Get in touch today and let us help you with your fraud case.
Understanding the Consequences of Serious Fraud Offences
Why Early Legal Intervention is Critical in Fraud Cases
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