30 SECOND GUIDE TO ...

INTERVIEW UNDER CAUTION

’Ello ’ello!

NO, we are talking about the Serious Fraud Office – which prosecutes white collar crime – not the police.

What’s goin’ on ’ere then?

Enough! SFO interviews during investigations broadly fit into two categories. There are ‘section 2’ interviews, which are voluntary. An interview under caution is not. These are carried out under the Police and Criminal Evidence Act.

What does that mean?

That the SFO believes there may be reasonable grounds to suspect an individual knows about or participated in a criminal offence. Responses can also be used in evidence, hence the warning: ‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court.’

Give me an example.

Twelve former members of Bar- clays’ management are to be questioned under caution by the SFO over alleged corrupt payments to Qatari investors as part of an emergency fundraising in 2008. They include former chief executive Bob Diamond, his predecessor John Varley and former finance chief Chris Lucas.

What happens next?

They could be charged if the SFO thinks there is enough evidence. Last month three former Barclays traders were charged with rigging Libor interest rates.