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Benefit Fraud Investigations

The criminal solicitors and barristers at Holborn Adams have unrivalled experience representing clients facing allegations of benefit fraud. As one of the top benefits fraud lawyers in the UK, we can stand toe to toe with the Department of Work and Pensions) to bring any and all allegations of flasely claimed money to a satisfactory close.
Why choose Holborn Adams for pre-charge representation over other law firms Read More

What is Benefit Fraud in the UK?

In the UK, benefits fraud typically involves an individual claiming government benefits to which they are not entitled. This can include providing false information, failing to report a change in circumstances, or deliberately withholding information.

Common examples of this type of fraud include child benefits fraud, in which claimants
allegedly fail to report that their child has left education or moved out of the home, and
disability living allowance fraud, in which the government alleges claimants have exaggerated their disabilities or failed to report improvements in their health.

If you’ve been accused of Benefit Fraud in the UK, you need legal representatives who have experience in Benefit Fraud resolution – that’s Holborn Adams.

How Can Benefit Fraud Representation Help Me?

Benefits fraud is a growing problem in the UK, but that doesn’t mean that all allegations are
accurate. Still, in order to tackle the increasing numbers of fraudulent benefit claimants, the UK
government has made sure it has significant assets at its disposal to deal with alleged
fraudsters.
That is why it’s so important to contact an experienced benefits fraud legal defence solicitor as
soon as you’re notified of an impending investigation. Unfortunately, the penalties for benefit
fraud can be severe, up to and including a custodial sentence.

We cover all offences including:

  • Attendance Allowance
  • Carers Allowance
  • Child Benefits
  • Child Tax Credits
  • Council Tax Benefits
  • Disability Living Allowance (DLA)
  • Employment and Support Allowance (ESA)
  • Housing Benefits
  • Income Support
  • Jobseeker’s Allowance (JSA)
  • Personal Independence Payment
  • Universal Credit
  • Working Tax Credits

Superior Benefit Fraud Solicitors

The expert team of benefits fraud solicitors at Holborn Adams are prepared to represent you, having successfully defended hundreds of clients who’ve found themselves the subject of tax fraud and benefit fraud investigations.

Our wealth of experience allows us to defend you in all situations, and that includes minimising penalties whenever possible. As always, we will act on your behalf in order to attain the best possible outcome for your case, avoiding criminal prosecution whenever circumstances allow.

Pre-Charge FAQs

Holborn Adams has a phenomenal success rate of pre-charge defence, meaning that individuals can avoid criminal charge altogether. Below are some of our most frequently asked questions regarding pre-charge defence.

Pre-Charge General

What is Pre Charge Engagement: A Complete Guide

Pre-charge engagement with the police and Crown Prosecution Service (CPS) may be labelled as ‘voluntary,’ but for anyone under investigation, it is an essential and strategic tool for a robust defence. By engaging early, we aim to gain access to the evidence the police intend to rely on, allowing us to dismantle weak allegations, highlight crucial lines of inquiry that support your innocence, and build a powerful defence from the outset.

Our primary goal is to have cases dropped and resolved before charges are ever brought, ensuring you never have to step foot in a courtroom. This proactive approach is vital in countering false allegations and addressing misunderstandings before they escalate. It also ensures full preparation, leaving no stone unturned when it comes to your defence.

We act decisively, preparing compelling representations and a comprehensive defence bundle, which we present to the CPS at the earliest opportunity to secure a ‘No Further Action’ outcome.

Released Under Investigation vs Bail: What are the differences?

If you have been arrested and interviewed at a police station, the police must decide whether to charge you, take no further action, release you under investigation, or impose bail conditions upon your release.

If all lines of inquiry have been exhausted and there is insufficient evidence to support a charge, the police are required to take no further action and close the case against you. However, if further investigation is needed, such as obtaining phone evidence or securing CCTV footage, the police must decide whether to release you under investigation or place you on bail with conditions while they complete their inquiries. In cases where the police believe they have enough evidence to charge but require a decision from the CPS, they may release you from custody while awaiting the CPS’ charging determination. There are specified offences that only the CPS have authority to make a charging decision on. In these cases, the police must refer the matter to the CPS, rather than making the decision themselves.

If you are released under investigation, there are no conditions that you need to adhere to while the police investigate nor are you required to attend the police station at a set ‘bail to return’ date. If you are subject to bail, the police have a duty to conduct the investigation expeditiously and diligently to justify the continued imposition of restrictive conditions on your liberty.

How long do police have to investigate a crime?

There are no fixed time limits for how long a police investigation can last. However, certain offences are subject to statutory time constraints that limit the time period in which charges can be brought. These are summary-only offences, which are less serious offences that can only be heard in the Magistrates’ Court. Court proceedings for these offences must begin within six months of the alleged offence, unless another law specifically allows a longer period for the offence. If you are under investigation for a summary-only offence, the police must act within this timeframe, or the case cannot proceed. If the time limit has passed, we can challenge any attempt to charge you and push for the case to be closed.

When do police stop investigating a case?

The police will stop investigating a case once all reasonable lines of inquiry have been completed, it is evident that sufficient evidence cannot be obtained to pursue a charge or if it becomes clear that proceeding with a charge is not in the public interest. If there is insufficient evidence or it is not in the public interest to proceed, the police should close the investigation and take no further action.

Bail

On bail but not charged? What does it mean?

If you have been released on pre-charge bail, this means the police have made the decision to continue the investigation while imposing certain conditions on you. The police can only impose bail conditions if they believe it is necessary and proportionate in the circumstances. This means that conditions can only be put in place to prevent a ‘real risk’ rather than fanciful risk to a person involved in the case, stop further alleged offences from being committed, or to avoid interfere with the investigation. Common conditions may include restrictions on who you can contact, where you reside or where you can go.

If you have been released on bail, it is crucial to follow the conditions in place carefully. We will review your bail conditions, challenge them if they are unfair or unnecessary, and ensure that the police are not keeping you on bail longer than legally allowed.

What happens when bail ends in the UK?

As your bail period nears its end, the police must decide on the next steps. If further investigation is required, they may seek an extension of bail, this can only take place if there are still outstanding lines of inquiry, they have acted diligently and expeditiously in the investigation to date, and the bail conditions remain necessary and proportionate. If they have failed to act diligently and expeditiously, or conditions are no longer necessary or justified, they must release you under investigation.

If the police have completed all outstanding enquiries, they must decide whether to charge you, refer the case to the CPS for a charging decision, or take no further action and close the case if there is insufficient evidence against you.

How long can I be kept on police bail for without being charged?

The police cannot keep you on pre-charge bail indefinitely. The initial bail period is three months, after which they can extend it another three months with approval from an Inspector. Following this, the police can extend it up to another three months with approval from a Superintendent, a senior-ranking officer. If the police need more time beyond this nine month period, they must apply to the Magistrates’ Court for further extensions. These legal safeguards are in place to prevent unnecessary delays and ensure that investigations progress fairly. If the police have referred the case to the CPS for a charging decision, the bail periods mentioned above are ‘paused’ while the CPS consider the case. If you are facing prolonged bail, we can challenge unnecessary extensions, push for the case to be resolved, and work to have your bail conditions lifted where appropriate.

Can you go abroad whilst on bail?

Pre-charge bail does not automatically prevent foreign travel. You are free to travel unless there are specific bail conditions restricting it. Conditions that could impact travel may include a requirement to live and sleep at a specific address or a surrender of your passport. If you are on bail and need to travel, we can review your conditions and challenge any unnecessary restrictions to ensure your freedom is not unfairly limited. If no travel ban is in place, you are legally allowed to leave the country.

What happens if I break my pre-charge bail conditions?

If you are on pre-charge bail and the police are aware that you have breached your conditions, they have the power to arrest. However, breaching pre-charge bail conditions is not a criminal offence in itself, unless the breach involves a separate offence such as witness intimidation or perverting the course of justice. Unlike post-charge bail breaches, there is no court procedure for pre-charge bail breaches, meaning the police handle these matters directly.

Once in custody, the police must decide whether to charge you with the original offence. If they have sufficient evidence (and CPS authorisation if required), you may be charged. If not, they can use this detention period to seek a charging decision, a further three hours is added to the detention clock when someone has been arrested for breach of bail. If a charging decision is not made, you will be released from police custody.

Why have the police extended my bail?

The police can extend your bail if they need more time to complete outstanding lines of inquiry. Common reasons for extensions include stretched police resources, delays in obtaining evidence from third parties, the need to investigate new evidence, or due to the complexity of the case. However, the police must justify any extension by showing that they have conducted the investigation diligently and expeditiously. If there are unreasonable delays or a lack of progress, we can challenge the extension and argue that further bail extension is unlawful.

How do I get my bail conditions lifted?

We can formally request that the police vary or remove your bail conditions if they are unnecessary or disproportionate. We will make strong representations to challenge any restrictions that are unfair or excessive. If the police refuse to amend or remove the conditions, we can apply to the Magistrates’ Court to have them varied or removed entirely. The court has the power to remove restrictive bail conditions if they are not legally justified. If your bail conditions are affecting your daily life, we will take swift action to challenge them and protect your rights.

How many times can my bail be extended?

There is no fixed limit on how many times bail can be extended, however after nine months, any further extensions require approval from a Magistrates’ Court.

What happens when you return to the police station on your bail return date?

On your bail return date, the police should have reviewed the progress of their investigation and decided on the next steps. As mentioned above, they may conduct a further interview if further evidence has been obtained. They may charge you with an offence if they believe there is enough evidence to proceed. If they still need more time to conduct the investigation, they may seek to extend your bail period. If the investigation remains ongoing but the conditions of bail are no longer necessary or proportionate, they may release you under investigation. If the police conclude that there is insufficient evidence or it is not in the public interest to proceed, they will close the case with no further action bringing the matter to an end.

When you attend the police station for your bail return date, you will be booked into custody and searched, following a similar process to when you were first arrested. However, you are unlikely to be at the station for as long as you were during your initial detention. The reason for this custody procedure for your bail return date is that the police must comply with the 24-hour detention clock that started to run when you were first detained at the station from your initial arrest. If they need to interview you again, any time spent doing so must be deducted from this 24-hour limit. If the police run out of time on the detention clock, they cannot keep you in custody unless they obtain an extension from an Inspector. If they do not seek or obtain an extension, they must release you under investigation before interviewing you. This will mean you will no longer be on bail, and any further interviews must be conducted voluntarily rather than in detention. This also means that you would no longer be subject to bail conditions while the investigation continues.

If you are due to return to the police station for bail, we can advise you beforehand, attend with you, and challenge any unnecessary extensions. Our priority is to ensure that your case is handled fairly and that you are not kept on bail longer than necessary.

Can you work while on police bail?

You can continue working while on police bail and most people do not encounter issues. Certain conditions may prevent this however, such as if there is a condition prohibiting you from contacting colleagues. Certain conditions may also unintentionally impact your ability to work, such as a curfew, travel restrictions or an exclusion zone. If your bail conditions are making it difficult or impossible to work, we can act quickly to have them reviewed and varied or removed, ensuring you are not unfairly restricted while under investigation.

Do police check bail address?

If your bail conditions require you to reside at a specific address, the police can conduct checks to confirm the address is suitable as a bail address and to confirm compliance with the condition. The police may attend unannounced. If these checks become excessive or unreasonable, we can challenge their necessity and frequency by making formal representations to the police.

RUI

What does ‘released under investigation’ mean?

Released under investigation means you have been released from police custody without charge, and there is no requirement to return to the police station on a set date. Additionally, you are not subject to any bail conditions restricting your actions, however the investigation remains ongoing. If new evidence emerges, the police may re-arrest you for further questioning. However, this can only be done if the legal criteria are met, ensuring that any subsequent arrest is justified and lawful. The police may also request that you attend a voluntary interview if they intend to interview you again (please see further information on voluntary interviews below).

How long can police keep you under investigation?

There is no fixed time limit for how long you can remain under investigation, except for summary-only offences, which must be charged within six months as discussed above.

Voluntary Interviews

What is a voluntary police interview under caution?

A voluntary police interview is an official police interview that is subject to the same legal procedures as one conducted following an arrest. Anything you say or choose not to say can still be used as evidence in court if you are later charged, making it just as significant as an interview conducted following arrest. The key difference is that, during a voluntary interview, you are not under arrest, will not be searched, and are not detained. You are free to leave at any time; however, if you attempt to leave before the interview has concluded, the police may decide to arrest you to ensure the interview continues.

What happens after a voluntary police interview?

Following a voluntary interview, the police will continue the investigation if there are outstanding inquiries to complete, this is similar to someone who has been released under investigation following an arrest. If all enquiries have been completed, the police may choose to take no further action against you and close the case. Alternatively, they may choose to charge you or refer the case to the CPS for a charging decision.

I’ve been called for a voluntary police interview – does this mean there isn’t enough evidence?

If the police have asked you to attend a voluntary interview, this means they do not have sufficient grounds to arrest, it does not necessarily mean there is a lack of evidence. The police must apply the legal necessity criteria prior to conducting an arrest, meaning an arrest must be necessary for one or more specific reasons, such as preventing harm, protecting evidence, ensuring an effective investigation, or securing attendance at an interview. The police cannot arrest arbitrarily, they must be able to demonstrate that an arrest is necessary for the investigation in the circumstances.

Do I need a solicitor for a voluntary police interview?

Yes, voluntary interviews are still official police interviews under caution. This means that anything you say, or fail to say, can be used as evidence in court and may harm your credibility if you later raise a defence that you did not mention during the interview. Having a solicitor present ensures you do not unintentionally harm your defence. Furthermore, a solicitor ensures that police questioning is fair and not oppressive, providing an important safeguard during the interview. They will intervene if officers overstep their legal powers and make sure your legal rights are fully protected throughout the process.

What happens if you don’t attend a voluntary police interview?

If the police have asked you to attend a voluntary interview but you do not attend, they may decide to arrest you to ensure the interview takes place. While the interview is initially voluntary, refusing to cooperate can lead the police to believe that an arrest is necessary to progress their investigation.

Saying no comment in a police interview

You have the right to remain silent and answer ‘no comment’ to police questions in an interview. If there is a clear lack of evidence to substantiate the allegation against you, it may be advisable to say no comment in an interview. This prevents you from unintentionally providing information that the police could ‘spin’ and use to strengthen their case against you.

However, staying silent without a good reason can be used against you in court during a trial. If you are later charged and the case goes to trial, the prosecution can argue that you failed to raise a defence at the police station because you did not have one at the time. This could lead the court to believe that any defence you present has been fabricated.

Arrest

How long can you be held in police custody?

The normal maximum time a person can be held in police custody without charge is 24 hours from their arrival at the station. This can be extended to 36 hours if a Superintendent or higher-ranking officer authorises it, but only if further detention is necessary to secure or preserve evidence and the investigation is being conducted diligently and expeditiously. Extensions do not apply to minor summary-only offences.

For more serious offences, the police can apply to a Magistrates’ Court for a warrant of further detention, allowing detention to be extended up to a total of 96 hours before a charge must be made or the person released.

Evidence

How long can the police keep your phone for investigation?

The police can keep your phone if they believe it contains evidence of an offence or was obtained through criminal activity, there is no specified time limit. However, its retention must be justified under the law, meaning they can only keep it if necessary to prevent disposal, damage, destruction, or tampering. The police can only retain it for as long as necessary in all the circumstances. Retention is only lawful if it serves a legitimate purpose, such as an ongoing investigation or forensic examination. If the phone is no longer needed by the police and they refuse to return it without proper justification, we can challenge their decision.

What evidence does the CPS need to charge someone?

The CPS require admissible, reliable and credible evidence to charge someone. In making a charging decision, in most cases they apply the Full Code Test which comprises of an Evidential Stage and a Public Interest Stage, both stages must be met to authorise a charge. The Evidential Stage assesses whether the evidence makes it more likely than not that there is a realistic prospect of conviction. The Public Interest Stage looks at whether a prosecution is in the public interest even if there is sufficient evidence to charge. The CPS look at evidence of factors such as the seriousness of the offence, the impact on the victim, the suspect’s age and background, and whether prosecution is proportionate.

How far back can police track text messages?

If the police download data from your phone, they can access all messages stored on the device, including texts, WhatsApp messages and other communication. In some cases, they may also be able to recover deleted messages, but this depends on several factors, such as how long ago the messages were deleted, how the phone has been used since the deletion, and how much time has passed between the deletion and the police seizing the device.

Can the police take my phone without my permission?

If the police have reasonable grounds to believe your phone contains evidence related to an offence, they have the power to seize it. This can happen when you are arrested or if they have obtained a warrant authorising the seizure.

How long can police hold your property without charges?

The police can keep your property if they believe it contains evidence of an offence or was obtained through criminal activity, there is no specified time limit for retention. However, they must justify keeping it under the law, meaning they can only retain it if necessary to prevent disposal, damage, destruction, or tampering. The police can only hold onto it for as long as necessary in all the circumstances, and retention is only lawful if it serves a legitimate purpose, such as an ongoing investigation or forensic examination. If your property is no longer required by the police but they refuse to return it without legal justification, we can challenge their decision and seek its release.

Can the police track your phone?

The police can track a phone by obtaining cell site data from network providers. This data, which is typically retained for a year by network providers, allows the police to conduct cell site analysis to determine the approximate location of your phone throughout the period of the data obtained.

Cell site analysis works by identifying the mobile phone masts your device connected to at different times, helping to map out an estimated location. However, once this data is deleted by the network provider, it cannot be recovered. If the police want to obtain this information, they must request it within the retention period and require legal authorisation. It is important to note that this cell site analysis can provide an approximate location of a phone but cannot pinpoint an exact address or specific location. The accuracy depends on factors such as cell height, technology, network type, and surrounding terrain. A single cell tower can provide coverage ranging from half a kilometre to several kilometres, therefore cell site data can only show that a phone was within a general area, not at a precise location.

How do I get my property back from the police?

If your property has been seized by the police, we can take action to get it returned to you. The first step is for us to make formal written representations to the police, arguing that its continued retention is no longer necessary or lawful. The police must justify keeping your property, and if there is no valid reason, they should return it.

If the police refuse to return your property without justification, we can make an application to the Magistrates’ Court under the Police (Property) Act 1897. The court has the power to order the police to release property if there is no legal basis for the police to keep it.

Can the police access my WhatsApp (even after I delete messages?)

If the police gain access to the contents of your phone, either because you have provided the password or through their forensic software, they can retrieve WhatsApp messages. In some cases, they may also be able to recover deleted messages, but this depends on factors such as how long ago they were deleted, how the phone has been used since, and how much time has passed since the deletion of data before the police seized the device. The more the phone has been used after deletion and the more time that has elapsed since the deletion, the lower the chances of full recovery.

How long does it take for police to search a phone?

The process of searching a phone can take many months, sometimes over a year, depending on police resources and case priority. If you have provided the password, the police can typically access and examine the phone much sooner. However, if you have not provided the password, the police will attempt to use their forensic software to bypass security. This process is not always successful and, in some cases, can lead to the irreversible damage or destruction of phone data.

Can the police listen to your phone calls?

With legal authority, the police can monitor your communications without needing direct access to your phone. They may work with your network provider or internet service provider to intercept calls and messages, and monitor your browsing history and app usage.

How do police extract data from phones?

The police use several methods to extract data from phones, depending on the level of access needed. Manual extraction involves physically navigating an unlocked phone to view messages, calls, and media. The police can also use software to extract data and make copies of specific files without altering the phone’s structure. In some cases, the police may also access cloud backups from services like Google or Apple with the appropriate legal authority. Advanced encryption on modern devices can make data recovery more difficult, but the police use forensic tools to bypass this where possible.

No Further Action

No Further Action: What Does It Mean?

This means the police or CPS have decided not to proceed with a charge or prosecution in your case. This decision is typically made due to insufficient evidence to support a conviction or because pursuing a prosecution is not in the public interest. Once this decision is made, the investigation ends and the case is closed. Therefore, bail conditions immediately cease to apply and you are no longer required to attend the police station if you had a bail return date. We will also request the return of any property seized by the police if applicable.

False Allegations

What can I do if someone makes false allegations against me?

If someone has made false allegations against you, it is essential to seek legal advice immediately. A proactive defence is crucial to refute the claims effectively and ensure that any evidence supporting your innocence is identified, preserved, and presented properly. Acting quickly can help prevent wrongful charges and increase the chances of having the case dropped promptly before it progresses further. We advise you on the best strategy, gather evidence, and make robust representations to the police or CPS to challenge the false allegations.

Help me – I’ve been falsely accused of domestic abuse

If you have been falsely accused of domestic abuse, it is crucial to take immediate action to protect evidence and build a strong defence. First, cease contact with the accuser. If the accuser continues to contact you, preserve all evidence of their communications, including messages, missed calls and social media interactions. Even if something seems minor, it may become critical evidence in your defence later.

Gather and secure any evidence available to you. This includes call logs, text messages, emails, CCTV or Ring doorbell footage, and any other records that can demonstrate the true nature of your relationship and interactions. Identify potential witnesses, such as friends, family members, or colleagues who have spent significant time around both of you and can provide an independent account.

It is essential to act proactively. We will work swiftly to gather evidence, make robust representations to the police and CPS, and ensure your evidence and account are properly presented.

Help me – I’ve been falsely accused of sexual assault

It is critical to act quickly to protect yourself and preserve evidence if a false allegation of sexual assault has been made against you. Allegations of this nature are taken extremely seriously by the police and can have severe legal and personal consequences, even before a charge is made.

One of the most important steps is to preserve any evidence that could help demonstrate the truth. This includes messages, call logs, emails, social media interactions that can provide essential context. If the accuser continues to contact you, do not engage, but ensure that any messages, calls, or attempts to communicate are recorded and stored. Witnesses who have spent time with both of you and can provide an independent account of your interactions should also be identified as soon as possible.

It is vital to approach the situation proactively. We will act swiftly to secure evidence, challenge inconsistencies in the allegations, and make strong legal representations to the police and CPS. The earlier we act, the greater the chance of preventing the case from progressing further.

Video testimonials

All our testimonials are client testimonials played by actors to protect their innocence.

This pre-charge representation testimonial emphasises the importance of early engagement. At Holborn Adams, we pioneered pre charge, and know how to execute it quickly, quietly, and effectively.

This pre-charge representation testimonial involves a rape allegation where the case was dropped and the client found not guilty, showcasing Holborn Adams' expertise in resolving issues for our clients.

Recent case studies

Supporting and guiding individuals, both in the UK and beyond, to secure results.

View all categories Celebrity Civil Criminal Fraud Pre Charge Sexual Offences

R v N

Outcome: No further action

Following the submission of pre-charge representations to the police after the client was accused of perverting the course of justice, the client was granted a no further action. This no further action was appealed, and the client was then investigated for an accusation of perjury. After repeated liaison and pressure upon the officer in case on evidential grounds, the client was granted a further no further action.

Holborn Adams - Why choose us

Holborn Adams has a phenomenal success rate of pre-charge defence, meaning that individuals can avoid criminal charge altogether.

We provide legal advice 24 hours a day, 7 days a week, with direct access to some of the country’s leading specialist counsel and Queen’s Counsel.

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