Section 2 interviews
The purpose of a Section 2 interview is to establish facts by obtaining from the interviewee full and truthful answers to the questions asked.
The purpose of a Section 2 interview is to establish facts by obtaining from the interviewee full and truthful answers to the questions asked.
A practising solicitor, barrister or chartered legal executive (collectively ‘lawyer’) will be allowed to attend the interview if the case controller believes it likely they will assist the purpose of the interview and/or investigation, or that they will provide essential assistance to the interviewee by way of legal advice or pastoral support. No-one other than a practising solicitor or barrister or chartered legal executive will be allowed to attend as the legal representative of an interviewee.
The legal representative of the interviewee may bring one additional lawyer who also represents the interviewee solely for the purpose of taking a note. That lawyer must also be covered by the appropriate undertakings. As interviewees and their legal representatives may not use digital devices within the interview room, lawyers should plan to take any note by hand. Where the attendance at the interview of a particular lawyer would involve delay, they are likely to be refused attendance.
Where a particular lawyer is unable to demonstrate (by giving appropriate undertakings) that they are not retained by, or otherwise owe a duty of disclosure to, any other person (natural or legal) who may come under suspicion during the course of the investigation, including the interviewee’s employer, they are unlikely to be allowed to attend the interview.