header-logo header-logo

Misguided guidance?

01 September 2016 / Jonathan Pickworth
Issue: 7712 / Categories: Opinion , Fraud
printer mail-detail

The Serious Fraud Office risks alienating witnesses with new guidance, say Jonathan Pickworth & Joanna Dimmock

In June 2016 the Serious Fraud Office (SFO) published new guidance on the conduct of interviews under s 2 of the Criminal Justice Act 1987. Interviews under s 2 are “compelled” interviews. A failure to attend, or to answer questions, without a reasonable excuse, constitutes a criminal offence.

Facts of the guidance

The guidance provides that anyone attending such an interview will not be entitled to legal representation as of right. The SFO may agree to permit a lawyer to attend in certain circumstances, but the guidance reserves a right for the SFO to refuse. The SFO will not even consider attendance by a lawyer unless and until certain undertakings have been given by that lawyer about a wide range of issues. It is also clear from the guidance that it will be a rare occasion when an additional lawyer, eg a more junior note taker, will also be allowed to attend to take a proper note of anything

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll