Interviews Under Caution vs Regulatory Compelled Interviews.

Not all interviews are the same. Many individuals — particularly directors and professionals — are surprised to discover that regulators have powers that go far beyond the police.

Understanding the difference between a PACE interview under caution and a compelled regulatory interview is critical to protecting your position before you engage.

Key Differences in Legal Rights

In a standard police interview under caution, you have the right to silence and cannot be forced to answer questions. In contrast, in a compelled interview — for example by the Serious Fraud Office or the Financial Conduct Authority — you may be legally required to answer questions, and refusal can itself amount to a criminal offence.

This is a fundamental and often misunderstood difference — and one that can have serious consequences if not properly understood before you engage.

Disclosure Obligations and Risks

Regulators often have wide-ranging powers to compel documents, require explanations and demand attendance at interviews. The risk is clear: you may be required to provide information that could later be used in a criminal context. This is where matters become highly technical and strategically sensitive.

Once information has been provided, it cannot be taken back.

Overlapping Criminal Exposure

One of the most dangerous situations arises where a regulatory investigation is running alongside potential criminal exposure. In these cases, what you say in a compelled regulatory interview may later impact a parallel or subsequent criminal investigation. Managing this overlap requires careful, experienced handling from the outset.

Examples of Regulatory Interview Powers

Common examples of compelled interview powers include:

• SFO Section 2 interviews — compelled questioning used in serious fraud and corruption investigations
• FCA compelled interviews — used in financial misconduct and market abuse investigations
• HMRC information notices — requiring documents, explanations and attendance

Each carries its own distinct risks, obligations and strategic considerations — and each requires specialist preparation.

The Right to Use Information Against You

In most criminal investigations, answers given under caution can be used in evidence. However, there are specific protections in some regulatory contexts — for example, evidence compelled under SFO Section 2 powers cannot generally be used directly in a later criminal prosecution against that individual. But this protection has limits, and the position is complex.

Understanding these nuances before you engage is essential.

Why Specialist Advice Is Essential

Regulatory interviews are not routine matters. They require careful analysis of your legal obligations, protection against self-incrimination and strategic control of what is disclosed. Handled incorrectly, the consequences can be severe. Handled properly, the situation can often be effectively managed and contained.

Speak to Us Before You Engage

If you have been contacted by a regulator or invited to attend any form of interview, do not respond or engage without taking specialist legal advice first. Early intervention allows us to assess your full exposure, control the process and protect your position from the outset.