Section 2 Notices and Interviews: Guidance for Directors, Officers and Professionals

If you or your business has been contacted by the Serious Fraud Office (SFO) in connection with a Section 2 notice or interview, it is essential to understand your legal position and take immediate steps to safeguard your interests. At MPR Solicitors, we have extensive experience advising individuals and companies facing serious allegations of corporate crime. This article outlines what a Section 2 interview involves and how we can support you through the process.

What is a Section 2 Notice?

Section 2 of the Criminal Justice Act 1987 grants the SFO the power to require individuals and organisations to provide information, produce documents, or attend an interview as part of a formal investigation. A notice under this section is not optional. Failure to comply without lawful excuse may amount to a criminal offence.

You may receive a Section 2 notice if the SFO believes you hold material information relevant to an ongoing investigation. This could be in your capacity as a company director, financial controller, employee or third-party advisor. The notice will specify what is required of you, such as attending an interview or providing particular documentation.

The Nature of a Section 2 Interview

Unlike interviews conducted under caution by the police, Section 2 interviews are compulsory and generally used for witnesses rather than suspects. The questions asked must be answered truthfully, even if the answers may be self-incriminating. Although responses given in the interview are not normally admissible in a criminal trial against the interviewee, making false or misleading statements may still lead to prosecution.

There is no automatic right to silence or to refuse to answer. Only certain legal protections, such as legal professional privilege, can justify withholding information. For this reason, it is critical to receive specialist legal advice before engaging with the SFO.

Can You Have a Lawyer Present?

The SFO will allow legal representation at a Section 2 interview in some circumstances. However, this is not guaranteed and depends on whether the presence of a solicitor is considered necessary to assist the process or to support the person being interviewed.

Our firm is highly experienced in making representations to the SFO in advance of interviews to ensure that legal advisers can attend and participate meaningfully. We also assist in preparing clients for the format, scope and potential risks of the interview so that they can answer lawfully and confidently.

Responding to a Section 2 Notice: Immediate Priorities

Receiving a notice from the SFO can be unsettling. It may indicate that you or your organisation is under scrutiny for matters such as bribery, fraud, false accounting or misconduct in public office. Taking early, measured steps can help avoid escalation and minimise legal exposure.

Key initial actions include:

• Seeking urgent legal advice to review the notice and understand your obligations.

• Assessing the scope of the request, including whether the documents or questions touch on privileged or confidential material.

• Determining the proper basis for any objections to compliance, including challenges to the breadth or legality of the notice.

• Preparing thoroughly for the interview, especially if your answers could later be examined in parallel civil or regulatory proceedings.

Corporate and Individual Risk

Company directors and senior officers have additional responsibilities where the business is also subject to SFO investigation. An interview conducted under Section 2 may lead to parallel regulatory scrutiny, reputational harm, or the initiation of enforcement action against the corporate entity.

Even if you are not the primary focus of the investigation, a poorly managed interview can increase the risk of being drawn further into the inquiry. Representation from lawyers with deep familiarity with financial crime, regulatory exposure and privilege law is crucial.

How MPR Solicitors Can Assist

We offer discreet, strategic support to directors, employees and organisations that have been contacted by the SFO. Our services include:

• Reviewing and advising on Section 2 notices.

• Preparing clients for compulsory interviews, including mock sessions and document analysis.

• Making legal representations to the SFO regarding attendance, privilege, and admissibility.

• Advising throughout the life of the investigation to mitigate risk and preserve your position.

Our approach is always tailored to the individual client’s circumstances, balancing compliance obligations with the need to protect against future liability.

Contact Us for Immediate Assistance

If you have been asked to attend a Section 2 interview or received a notice from the SFO, time is of the essence. Contact MPR Solicitors today to arrange a confidential consultation.