header-logo header-logo

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

Misguided guidance?

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll