Serious Fraud & SFO

Serious Fraud Solicitor Birmingham

If the Serious Fraud Office is investigating you, the stakes could not be higher. David Roy has acted as litigator in significant fraud trials and advises individuals and businesses facing SFO investigation.

SFO powers under the Criminal Justice Act 1987

The SFO derives its investigation powers from the Criminal Justice Act 1987. Section 2 gives the SFO power to compel individuals to attend interviews and produce documents. Refusal without reasonable excuse is a criminal offence. However, answers given under section 2 compulsion cannot generally be used as direct evidence against the person compelled in any subsequent criminal trial.

What to do if you receive an SFO notice

Do not respond or attend any interview without legal advice. The scope and purpose of the notice, what you are required to produce, and how you respond can all significantly affect the investigation. David advises on receipt of SFO notices and attends all compelled interviews.

Pre-charge representations

Before any charging decision is made, it may be possible to make representations to the SFO that no prosecution is in the public interest or that the evidence does not support a charge.

Frequently asked questions

Common questions

What is an SFO section 2 notice?
A section 2 notice under the Criminal Justice Act 1987 compels the recipient to attend an interview with the SFO and/or produce specified documents. Refusal is a criminal offence. Answers given under compulsion generally cannot be used as direct evidence in a subsequent criminal trial.
Can I refuse to answer questions at an SFO interview?
At a section 2 compelled interview you are required to answer questions. However, certain protections apply including legal professional privilege. You are entitled to legal advice before and during the interview.
How long does an SFO investigation take?
SFO investigations are often multi-year. The SFO is a specialist agency with substantial resources and investigations frequently involve large volumes of documentary evidence.
Is legal aid available for SFO cases?
Legal aid may be available for SFO cases in the Crown Court, subject to a means and merits test.

Under investigation? Call David Roy.

Do not respond to investigators without legal advice. Call 07525 802931 for a confidential, no-obligation discussion.

Call 07525 802931