The Serious Fraud Office has special powers to require you to attend for interview. 

Under section 2 of the Criminal Justice Act 1987, the SFO Director is empowered to issue a notice compelling a person to “answer questions […] with respect to any matter relevant to the investigation”. FCA investigators are empowered by section 171 Financial Services and Markets Act 2000, to issue a notice compelling a person to “answer questions […] only so far as the investigator concerned reasonably considers the question […] to be relevant to the purposes of the investigation”. HMRC, NCA and police officers are empowered by section 62 Serious Organised Crime and Police Act 2005, to issue a notice compelling a person to “answer questions with respect to any matter relevant to the investigation”.

Under section 2 (13) CJA 1987, “any person who without reasonable excuse fails to comply with a requirement imposed on him under this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both”.  Failure to comply may involve making a false statement. 

The obligation to answer all questions in a compelled interview is not absolute. We have acted in a number of SFO investigations, including compelled interviews, and our lawyers will advise on the available exceptions, permitting an interviewee acts lawfully in refusing to answer a question.

For more information on any of the above or if you have been requested to attend an interview or have notification of court proceedings, please contact us today.