On 26th June, Greenberg Traurig published an article that explains what a Section 2 (or 2A) Notice is, why they are used, and provide some recommendations and tips for recipients.  It explains that, broadly, Section 2/2A Notices are used by the SFO to compel the provision of information and documents (including digital material) from witnesses and potential suspects relating to its investigations.  The name refers to section 2 of the Criminal Justice Act 1987, which created the powers (and the SFO itself).  It explains that a Section 2 Notice is used by the SFO in connection with an investigation which has been formally opened by the SFO; whilst a Section 2A Notice is used by the SFO to compel information and documents in order to assess whether or not the SFO should open a potential corruption investigation – and hence where a Section 2A Notice is used the SFO has not yet opened its formal investigation.  The basis of any Section 2 Notice will be clear on the face of the Notice.  They are used in place of a production order from the courts and protects the firm from charges of breaching any obligations to their clients in respect of confidentiality and data protection issues.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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