Criminal Department

We have an expert team who are experienced in all matters relating to accusations of benefit fraud. Our dedicated team understand that this can be an extremely distressing time for you and those closest to you. We offer friendly and professional advice with representation throughout your case.

If you are suspected of committing benefit fraud, it is highly likely that you will receive a letter through the post inviting you to attend an interview under caution. It is vitally important that should you receive such a letter, you contact a solicitor to get appropriate legal representation.

We can assist right across Derbyshire and Nottinghamshire. It is vital that you call us as soon as possible to arrange an appointment and we can discuss your individual circumstances.

Free Initial Telephone Options Appointment

We provide a free initial telephone options appointment to see how we can assist in your circumstances. Please call 0330 333 2613 for a no obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call you back.

What can be considered as benefit fraud?

There are a few common examples of benefit fraud, such as:

• Deliberately failing to declare your correct financial circumstances, for example working whilst claiming benefit or not declaring savings or a pension, knowing that it will affect your entitlement to benefit.
• Deliberately failing to declare your household circumstances, for example living with a partner whilst claiming benefits as a single person.
• Deliberately failing to notify a change in your circumstances that you know would affect your benefit.

Benefit fraud is taken very seriously by the investigators and the Court, and if you are suspected of committing benefit fraud, the implications can be severe. You could be contacted by the department of work and pensions (DWP), HM Revenue and Customs or your Local Authority. It is vital that you seek legal advice from an experienced criminal defence solicitor as soon as possible.

What to do if you have been asked to attend an interview under caution

If you are invited to attend an interview under caution, anything you say during that interview could be used as evidence against you. You are not legally obliged to attend an interview, but it is highly recommended that you do, as failure to attend may affect your defence in court. In most circumstances legal aid is available for the interview, alternatively, we offer competitive fixed rates.

Even if you think you have done nothing wrong, it is wise to seek legal advice, as going to an interview alone, may make the situation worse. You may not fully understand how it is the investigators think you have committed an offence. When you have the benefit of legal advice at your interview the investigators will provide our representative with ‘disclosure’ outlining the reasons they wish to interview you before you have a confidential consultation with your solicitor.

What happens after you have attended an interview under caution

Once the interview has been conducted, a decision maker will review the evidence and decide whether the case should be prosecuted. You will receive a letter outlining what benefits you have been overpaid.

If you are prosecuted and are required to attend Court you must contact us straight away to arrange an appointment before the court hearing. We will thoroughly prepare your defence and attend all the hearings with you.

Receiving Legal Aid

Most individuals who face criminal allegations are entitled to free initial legal advice and representation. Speak to us today to find out more.

Pre-charge Advice

Whilst you are released under investigation we may be able to make representations to try and have the matter dropped before any charging decision is made.

How we can help

At Elliot Mather, our dedicated Criminal Defence team offer friendly and professional advice.

The level of help you would like from us is entirely up to you. Our team members are all experienced in advising individuals on their specific circumstances

Location

Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield and Derby.

How to get in contact

Our team are on hand to help you and can assist wherever you are based. Please call us for a no-obligation, initial discussion on 0330 333 2613 or email enquiries@elliotmather.co.uk and we will call or email you back.

How to make contact out of hours

We operate a call out system, meaning that representation from our expert criminal law team can be requested at any time of the day or night.  The police will contact a call centre who will then telephone us immediately.
If you require assistance from one of our criminal defence solicitors when out of our normal office hours, it is vital that you call us on:

• Chesterfield: 07717802850
• Derby: 07776240152
• Mansfield: 07741592301
• Nottinghamshire: 07741592301

• DWP Interview under Caution