What is a Section 2 Notice?

Under Section 2 of the Criminal Justice Act 1987, staff authorised by the Director have powers to require a person to answer questions, provide information or produce documents for the purposes of an investigation. Written notice is given when we exercise these powers. In urgent cases we may require immediate compliance with a notice.

SFO investigators need to obtain information quickly and efficiently. This reduces the time taken for investigation and ultimately the speed at which an offender is brought to trial.

Who receives Section 2 Notices?

Many Section 2 notices are issued to banks, financial institutions, accountants and other professionals who may, in the ordinary course of their business, hold information or documents relevant to a suspected fraud.

In most instances those institutions and persons owe duties of confidence to their clients. Many are willing to assist but cannot do so while such duties of confidence remain. A Section 2 notice obliges them lawfully to provide information and documents.

When may these powers be used?

Section 2 powers may only be used for the purposes of an investigation of a suspected offence which appears on reasonable grounds to the Director to involve serious or complex fraud and where there is good reason to do so for the purpose of investigating the affairs , or any aspect of the affairs of any person.

What restrictions are there?

A person may refuse to answer questions or provide information or documents if s/he has a reasonable excuse for not doing so.

A person's answers to questions required under Section 2 may not be used in evidence against them at their trial unless the trial is in relation to an offence of providing misleading information during the Section 2 interview itself.