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. Understanding which obligations are absolute and which can be challenged is a key part of early SFO defence advice.

Why SFO cases need a different approach

SFO investigations are multi‑year, resource‑heavy, and often involve media attention. The SFO has compulsory powers – you cannot refuse to attend a section 2 interview or produce documents 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. Early advice is therefore essential.

David Roy has extensive experience of SFO cases, including:

• Acting for a senior executive in the HBOS Reading fraud prosecution (Operation Hornet)
• Defending a major offshore investment fraud investigation (HMRC v R)
• Advising individuals subject to section 2 notices before interview

The SFO process

1. Notice or search: The SFO may serve a notice or execute a warrant. David advises immediately on what you must do and what you can challenge.
2. Compelled interview: David attends with you, advises on each question, and ensures your answers do not create unnecessary risk.
3. Pre‑charge representations: Arguments to the SFO that no prosecution is in the public interest.
4. Trial & confiscation: If charged, David represents you in the Crown Court and in any POCA proceedings.

More on POCA and confiscation →