Kangs Solicitors are regularly instructed by company directors and individuals who find themselves being interviewed by the Serious Fraud Office (‘SFO’) as part of the investigation process prior to potential prosecution.
Frances Murray of Kangs Solicitors explains the nature of such interviews.
SFO Investigations | Kangs Financial Fraud Advisory Team
Once the SFO has decided to conduct an investigation, that decision is often announced to the public frequently via its website.
At an early stage of such investigations, individuals, whether they be company officials, representatives, employees or otherwise, are requested to attend for interview.
These interviews are governed by Section 2 of the Criminal Justice Act 1987.
The Interview Process | Kangs Complex Fraud Team
1.At a ‘Section 2’ Interview:
- the person being interviewed is a potential witness,
- the interview is not conducted under caution,
- the person being interviewed does not enjoy the same rights to independent legal advice as a person under arrest,
- it is not a voluntary interview and all questions relevant to the investigation must be answered fully and accurately,
- any failure to answer any question, without a reasonable excuse, or any statement which is made recklessly or known to be false or misleading in any way constitutes a criminal offence.
2.No statement made during the interview may be given in evidence against the person being interviewed unless:
- that person is subsequently prosecuted for making a statement that is false or misleading; or
- that person is subsequently prosecuted for some other offence and when giving evidence a statement is made which is inconsistent with a statement made during the interview.
3.The SFO will ask that nothing said or document seen during the interview is disclosed to anyone, except to a lawyer instructed in connection with the interview, in order to avoid disruption to the conduct of the investigation. Any breach may have criminal implications.
4.The person being interviewed is not automatically entitled to a lawyer and the SFO has discretion as to whether or not one will be allowed to attend.
How Can We Help You? | Kangs National Fraud Solicitors
We are engaged defending both companies and individuals subject to SFO investigations and prosecutions on a regular basis throughout the UK.
Cases of this nature require a legal team with specialist knowledge and extensive experience as they invariably involve complex legal issues.
If you are being investigated by the SFO or any other authority we are able to assist with the interview process, pre charge investigation and any ensuing criminal prosecution.
Who Can I Contact For Help? | Kangs Criminal Defence Solicitors
If you are an individual, in a partnership or a director of a company, we are here to assist you manage your contact with the prosecuting authority and advise you on any criminal proceedings involving fraud and or money laundering.
Our team of solicitors has a proven track record of assisting many individual and businesses achieve the right result following criminal proceedings.
Our expert team of solicitors can be contacted through the following: