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S2 CJA Interviews and Serious Fraud Office Investigations Solicitors

Serious Fraud Office investigations can have severe consequences.

Being asked to attend a S2 CJA interview can be a daunting prospect. Having a solicitor to advise you and guide you through what can be an extremely complex process, could make a real difference to the outcome.

Complex issues

Having a legal processional on your side who specialises in S2 CJA interviews and Serious Fraud Office investigations, to guide you through what can be an extremely complex area of law, can make a real difference to the outcome.

Do I have to show?

Not attending S2 CJA interviews is a criminal offence which is triable in a Magistrates’ Court. The maximum sentence for this offence is 6 months in prison or a fine.

What is a S2 CJA interview?

S2 CJA interviews are part of Serious Fraud Office investigations. ‘S2 CJA’ refers to Section 2 of the Criminal Justice Act 1987. This gives the Director of the Serious Fraud Office the power to require a person to attend an interview.

This is why they are often referred to by lawyers as S2 CJA interviews.

Section 2 of the Criminal Justice Act also enables the Director of the Serious Fraud Office to require a person to produce documents as part of a Serious Fraud Office investigation.

We will discuss this in more detail below.

What does Section 2 of the Criminal Justice Act say?

Section 2 of the Criminal Justice Act 1987 details the Director’s powers for the purposes of Serious Fraud Office investigations.

The Director may require a person whose affairs are to be investigated or any other person whom he has reason to believe has relevant information to:

answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.

The Director can also require a person under investigation or any other person to produce:

any specified documents which appear to the Director to relate to any matter relevant to the investigation or any documents of a specified description which appear to him so to relate

The Director can take copies of the documents and require the person that is providing the documents to give an explanation of them.

Do I have to go to a S2 CJA interview?

Yes. Not attending S2 CJA interviews is a criminal offence which is triable in a Magistrates’ Court. The maximum sentence for this offence is 6 months in prison or a fine.

If you provide false or misleading information as part of an S2 CJA interview, this is also a criminal offence. However, this offence can be tried on indictment, which means you could be tried in a Crown Court.

Providing false or misleading information can result in a prison sentence of a maximum of 2 years and/or a fine.

In addition, if you know or suspect that an investigation by the police or the Serious Fraud office into serious or complex fraud has either already started or is likely to begin and you destroy or otherwise dispose of documents which you know or suspect are relevant to the investigation, you could be committing an offence. The maximum sentence for this offence is 7 years in prison and/or a fine.

Is it possible to say ‘no comment’ as part of an S2 CJA interview?

No. An S2 CJA interview is not an interview under the Police and Criminal Evidence Act 1984 (PACE).

However, anything that you say in a S2 CJA interview as part of a Serious Fraud Office investigation cannot be used in evidence against you in any prosecution which arises as a result of the Serious Fraud Office investigation. This is due to the fact that it goes against Article 6 of the European Convention of Human Rights to force a suspect to answer questions. Therefore, if as part of the Serious Fraud Office investigation, the Serious Fraud Office want to rely on what a person says (or does not say), they must caution the suspect appropriately under the PACE rules.

Will I have to attend more than one S2 CJA interview?

Maybe. As part of a Serious Fraud Office Investigation, you may need to attend more than one S2 CJA interview.

In addition, you may be required to provide different documentation, depending on what the Serious Fraud Office requires as part of their investigation.

Can my solicitor come with me to a S2 CJA interview?

You must request that you would like your solicitor to attend a S2 CJA interview with you in advance.

The Serious Fraud Office has full discretion as to whether or not your lawyer will be allowed to attend the S2 CJA interview with you. The Serious Fraud Office will allow a solicitor to attend if they believe that either:

  • The solicitor’s presence will assist the purpose of the interview and/or the Serious Fraud Office investigation
  • The solicitor will provide “essential assistance to the interviewee by way of legal advice or pastoral support”

Within 7 days prior to the S2 CJA interview date (or 3 days after the date of the letter from the Serious Fraud Office, whichever is later), your solicitor must provide the Serious Fraud Office with information including:

  • Their name and the reasons why they are attending (with reference to the above points)
  • Written undertakings that their firm does not represent anyone who is a suspect in the investigation
  • Written confirmation that they will not disclose the content of the interview to anyone other than their client without the Serious Fraud Office’s authority in writing

If, at any point during the S2 CJA interview, the Serious Fraud Office decides that you need to be cautioned, the interview will be stopped and you will be informed that PACE now applies. As part of the PACE requirements, you will now have the right to independent legal advice and assistance. This can occur whether or not a solicitor is present at the S2 CJA interview.

Why do I need specialist S2 CJA interviews and Serious Fraud Office investigations solicitors?

It is highly recommended that you seek legal advice from a solicitor experienced in S2 CJA interviews and Serious Fraud Office investigations, as soon as you receive a Section 2 notice. Receiving a section 2 notice can have serious consequences and having a legal processional on your side who specialises in S2 CJA interviews and Serious Fraud Office investigations, to guide you through what can be an extremely complex area of law, can make a real difference to the outcome.

Client was on bail for assaulting his infant son. Social services reported the claim, but there was no evidence, only the mother’s statement that the boy was injured by evening. Client explained the injury occurred when the boy fell off a bouncy castle, which was confirmed by four family members. By obtaining statements and submitting them to the police, we demonstrated the lack of evidence, and the case was dropped with no further action.

My client was accused of historic domestic abuse allegations. The police provided written disclosure in advance of an interview, and we were able to go through this and provide a four-page statement detailing evidence to the contrary on each allegation. The statement and evidence provided was so detailed that the police had no questions to put to my client, meaning that the interview process was far less stressful than he envisaged.

Client was on bail for domestic abuse in relation to his wife. This had been dragging on for some time. We were able to obtain the particulars of the allegations from the police and then to go through them with the client. We were then able to obtain evidence that contradicted the allegations, including statements from friends, which showed that the allegations could not be true and so the police took no further action against the client. By obtaining case details, going through these with the client, speaking to witnesses and obtaining corroborative evidence, it was possible to show that the allegations were fabricated.

Client was a health care professional employed on an agency basis. There was a historic allegation made by a former client. We were able to obtain the particulars of the allegation from the police and then to set about obtaining evidence from witnesses who could cast doubt on the allegations and serve this evidence upon the police and push them for a swift resolution. The client had been on a lengthy period of police bail at the time he instructed us, and we were able to speed the process up, which was key as the client was unable to work and had no income during the lengthy period of bail.

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