When To Refuse Answering A UK Investigator's Question

By Andrew Smith and Anna Rothwell (March 11, 2021, 6:02 PM EST) -- Last month's U.K. Supreme Court decision in R (on the application of KBR Inc.) v. Director of the Serious Fraud Office[1] — which held that a foreign company cannot be compelled pursuant to Section 2(3) of the Criminal Justice Act to produce documents held overseas — has reawakened interest in the compulsory powers of criminal law enforcement agencies.

This article considers the issue — which fell outside the Supreme Court's remit — of when a person can lawfully refuse to answer questions in a compelled interview.

Compelled interviews are creatures of statute. The SFO director is empowered by Section 2 of...

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