UK SUPREME COURT RULES ON TERRITORIAL EXTENT OF SFO POWERS

On 5 February, an Alert from Wilmer Hale report on the Supreme Court hearing of an application by KBR Inc in a high-profile case concerned the territorial extent of the SFO powers under section 2 of the Criminal Justice Act 1987, so-called ‘Section 2’ or ‘Here and Now’ Notices for obtaining information, documents etc. The outcome has implications for the SFO’s evidence-gathering capabilities.  The Court agreed with KBR that the statutory power under section 2 does not have extraterritorial effect, and accordingly the notices involved were unlawful.  The Supreme Court found that the correct mechanism for the SFO to obtain the relevant evidence would have been via a mutual legal assistance (MLA) request to the US authorities.

https://wilmerhalecommunications.com/26/4610/february-2021/02.05.2021-white-collar-defense-and-investigations-alert.asp?sid=3da513d4-771b-4703-bd84-f9903abc0df4

https://www.lawgazette.co.uk/news/sfo-ruling-casts-doubt-over-other-foreign-material-lawyers-claim/5107325.article

https://www.lawgazette.co.uk/news/supreme-court-clips-serious-fraud-offices-wings/5107321.article

https://www.pinsentmasons.com/out-law/news/sfos-foreign-investigatory-tools-curbed-uk-supreme-court

 
 

I would be grateful for any modest contribution for my time and ongoing costs of computer, relocation, and (still ongoing) removal costs, I have a page, where contributions start as low as $3, at https://www.buymeacoffee.com/KoIvM842y

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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