Abstract

Abstract This chapter looks at the relationship between legal professional privilege and the main powers available to investigators to compel a person to attend an interview to answer questions or otherwise provide information in connection with a criminal investigation, including under the Criminal Justice Act 1987 (CJA 1987) (‘section 2 interview’), the Serious Organised Crime and Police Act 2005 (SOCPA 2005), and the Financial Services and Markets Act 2000 (FSMA 2000). It provides practical guidance to lawyers representing clients interviewed under these powers and the steps that should be taken to protect privileged information. The chapter includes a discussion about compelled interviews with lawyers, for example in-house lawyers at a company under investigation by the Serious Fraud Office, and the particular care that is needed in these interviews.

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