Section 2 Interview meaning

Key reading for lawyers attending s 2 interviews The Serious Fraud Office (SFO) is empowered to compel interviews with persons thought to hold information pertinent to an investigation, by issuing a notice under section 2 of the Criminal Justice Act 1987 (section 2 interviews). For comprehensive guidance on this power and the practical issues it creates, refer to: Interviews under the Criminal Justice Act 1987, s 2 For additional resources relevant to attending interviews under caution and those conducted at the police station, see: Attendance at the police station—checklist Attendance at a corporate crime interview under caution—checklist As the Police and Criminal Evidence Act 1984 (PACE 1984) does not apply to s 2 interviews, there is therefore no statutory right for an interviewee to have legal representation. It is consequently vital that criminal practitioners are familiar with the SFO guidance for lawyers: section 2 interviews...

Original news R (on application of Ingenious Media Holdings plc and another) v Revenue and Customs Commissioners [2016] UKSC 54, [2016] All ER (D) 118 (Oct) The Supreme Court ruled that statements made about the appellants by HMRC’s then Permanent Secretary for Tax to journalists at an off-the-record briefing were not justified under section 18(2)(a)(i) of the Commissioners for Revenue and Customs Act 2005 (CRCA 2005). The court concluded that CRCA 2005, s 18(1) was designed to mirror the general principle of taxpayer confidentiality and that, properly construed, CRCA 2005, s 18(2)(a)(i) — read strictly — operates only as a limited carve-out, allowing disclosure solely where it is reasonably required for HMRC to carry out its core function. What was the background to the case? The Permanent Secretary for Tax had provided an off-the-record interview to two reporters from The Times about the second appellant, who was the founder and chief executive officer of the first appellant. Several remarks made by the Permanent Secretary during that discussion were...

Compulsory interviews under Criminal Justice Act 1987, s 2—section 2 interviews Compulsory interviews conducted under section 2 of the Criminal Justice Act 1987 (CJA 1987) are an investigatory power bestowed on the Serious Fraud Office (SFO) to probe any suspected offence that involves serious or complex fraud as part of its investigative remit. The section 2 interview power authorises the SFO to compel: the attendance of witnesses at interview answers to questions posed during such interviews the production of documents The procedure is set in motion by issuing a section 2 notice. The Director of the SFO may delegate investigative functions under CJA 1987, s 2 to members of the SFO, or to any competent investigator (other than a constable), for the purpose of investigating the affairs specified in the grant of the authority. Evidence of that authority must be produced to the person before they are bound to comply with it. Joint investigations between the SFO and other agencies, in...

The purpose of this Practice Note is to set out practical guidance on how best to keep legal professional privilege (LPP) intact for the client throughout the various stages of a criminal investigation. For information on legal privilege and how it operates in a criminal context, see Practice Note: Legal Professional Privilege in criminal proceedings. For information about LPP in general terms, see Practice Note: Legal professional privilege in civil proceedings. Preserving privilege during a dawn raid/search and seizure One possibility is that individuals or corporate entities under investigation receive an unannounced visit at their premises or homes, enabling investigators to conduct searches of property and arrest them for the purpose of interviewing them; this is commonly termed a ‘dawn raid’. Many individuals and organisations are insufficiently prepared for such raids, and LPP material is frequently contained within computer files and scattered around the office or home, rather than separated off in electronic and hard copy files, clearly marked ‘Privileged and Confidential’. Where LPP material is stored on...

1 Organising the meeting Send the RTWI invitation to the employee. Add the appointment to both your diary and the employee’s. Reserve a suitable meeting room. Put measures in place to avoid interruptions. 2 Check absence records and complete section A of the RTWI meeting proforma Confirm and record the first day of absence. Verify and note the final day absent. Enter the return-to-work date. Work out the total days absent for this instance. Confirm the firm’s absence reporting procedure was followed. Record certification needs: seven days or fewer—self-certification; eight days or more—GP fitness note provided. Note the stated reason for absence. Record how many occasions of absence there have been in the past 12 months. Record the total number of days absent in the past 12 months. Calculate the 12-month absence percentage: total days absent ÷ total contracted working days × 100. 3 Check contractual...