Dear Department for Work and Pensions,

In FOI2019/30111 you state that if the DWP interview someone under Caution they must adhere to PACE regulations when doing so.

As I'm sure you are aware, PACE regulations and the caution used in England are not relevant in Scotland.

Detention and interview under Caution rights in Scotland vary from those in England.

Therefore, can you advise if, when interviewing a person under caution in Scotland you follow guildlines as set out in law by the Scottish Parliament and Police Scotland.

A failure do so would constitute a denial of a person's rights per Scottish law. This would leave open the possibility of admissibility as the offenses are tried in Scottish Courts.

Please advise in haste if you will resolve this oversight should it be happening?

Yours faithfully,

Alexander Tiffin

DWP freedom-of-information-requests, Department for Work and Pensions

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no-reply@dwp.ecase.co.uk on behalf of Operations FOI Team, Department for Work and Pensions

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Dear Alexander Tiffin,

I am writing in response to your request for information, received 28th
August.

Yours sincerely,

DWP Central FoI Team

Dear [email address] on behalf of Operations FOI Team,

Thank you for your response.

Can you please provide the full safeguarding policy you use when interviewing claimants under caution in Scotland?

Yours sincerely,

Alexander Tiffin

Department for Work and Pensions

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Dear Operations FOI Requests,

Can I please have the full safeguarding policy you use for interviewing claimants under caution in Scotland.

Yours sincerely,

Alexander Tiffin

Operations FOI Requests, Department for Work and Pensions

This is an automated confirmation that your request for information has been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally expect a response within 20 working days.
  
For further information on making Freedom of Information requests please click on the link below.

https://www.gov.uk/make-a-freedom-of-inf...

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no-reply@dwp.ecase.co.uk on behalf of Operations FOI Team, Department for Work and Pensions

1 Attachment

Dear Alexander Tiffin,

I am writing in response to your request for information, received 25
September.

Your response is attached

Yours sincerely,

DWP Operations FOI Team