Tough call – the SFO and legal representation in section 2 interviews

Abdulali Jiwaji (+44 (0) 20 3818 3500, abdulali.jiwaji@signaturelitigation.com) is a partner and Johnny Shearman (+44 (0) 20 3818 3500, johnny.shearman@signaturelitigation.com) an associate at Signature Litigation.

It is often assumed that an individual being interviewed by an investigative body, whether under caution or voluntarily, has a fundamental right to legal representation and advice. However, publication by the Serious Fraud Office of new guidelines on the presence of lawyers and the conduct of interviews under section 2 of the Criminal Justice Act 1987 calls this assumption into question, say Abdulali Jiwaji and Johnny Shearman of Signature Litigation.