I don't work for the police. Police Station Agent is run by Defence Legal Services Ltd. When I act for you, I do so as a solicitor at Tuckers Solicitors LLP (SRA number 592449).
Council, DWP and HMRC investigators can conduct interviews under caution in many fraud and benefit cases. They must have regard to the PACE codes under section 67(9). You generally have the right to silence and to consult a solicitor privately. Arrange advice early. Funding depends on whether a “constable” (as defined for criminal legal aid) is present — that is wider than a police officer.
1) Why these bodies interview under caution
Benefit fraud, tax fraud, and some local authority offences are investigated as crimes. Investigators may caution you and record the interview similarly to police.
2) Your rights
Under PACE section 67(9), persons other than police officers who are charged with the duty of investigating offences must have regard to the relevant PACE codes. You should receive the standard caution and be told you may obtain legal advice. You may choose not to answer questions. Don't attend without considering representation.
3) Legal aid: what we can verify
Some interviews by other investigators use PACE-style rules. Free police-station legal aid can apply when the interviewing official counts as a “constable” under the Criminal Legal Aid (General) Regulations 2013 regulation 2 — that includes an officer of Revenue and Customs and any other official with a power of arrest by virtue of their office. An HMRC interview where such an officer is present can therefore fall under the free Police Station Advice and Assistance scheme (Standard Crime Contract paragraph 9.51). Interviews where no constable is present (for example many DWP or local-authority interviews) are usually Free-Standing Advice and Assistance under paragraphs 9.134–9.136, with different qualifying criteria — not the £320 police-station fixed fee from 22 December 2025. Ask a solicitor before you go.
4) Preparing
- Obtain the letter of invitation and allegation summary.
- Don't bring documents you have not reviewed with a solicitor.
- Arrange a private consultation before the interview.
Police station guides: PACE Code C, voluntary interview risks.
Related guides
Conclusion
Treat a council, DWP or HMRC interview under caution as a formal criminal interview. Confirm with a solicitor whether a constable is present and which legal-aid scheme applies before you attend.
Sources
Sources checked: 5 October 2026.
- Police and Criminal Evidence Act 1984: legislation.gov.uk
- PACE Code C 2023: GOV.UK
- SRA register: Tuckers Solicitors LLP (592449)
- PACE 1984, section 67(9)
- Criminal Legal Aid (General) Regulations 2013, regulation 2 (constable)
- LASPO 2012, section 13
- GOV.UK: Standard Crime Contract 2025 (specification paras 9.51–9.53, 9.134–9.136)
General information only: not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Don't rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Legal services are provided by Tuckers Solicitors LLP (SRA number 592449).