Serious Fraud Solicitor Birmingham – SFO Investigation & Trial Defence

The Criminal Justice Act 1987 and SFO powers

The Serious Fraud Office derives its investigation powers primarily from the Criminal Justice Act 1987. Section 2 of that Act gives the SFO the power to compel individuals to attend interviews and produce documents. Refusal without reasonable excuse is a criminal offence.

Why SFO cases need a different approach

SFO investigations are multi-year, resource-heavy, and often involve media attention. You cannot refuse to attend a section 2 interview without committing a criminal offence. You are entitled to legal advice before and during the interview. Importantly, answers given under compulsion cannot generally be used as direct evidence against you in a subsequent criminal trial — but the interview can still shape the investigation.

The SFO process

• Notice or search: David advises immediately on what you must do and what you can challenge.
• Compelled interview: David attends with you, advises on each question, and ensures your answers do not create unnecessary risk.
• Pre-charge representations: Arguments to the SFO that no prosecution is in the public interest.
• Trial & confiscation: If charged, David represents you in the Crown Court and in any POCA proceedings.