SFO information sharing and section 3 powers
SFO information sharing and section 3 powers

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • SFO information sharing and section 3 powers
  • What are the powers under section 3 CJA 1987?
  • Limits to disclosure
  • Notice of disclosure
  • Disclosure to overseas authorities

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

What are the powers under section 3 CJA 1987?

Any member of the Serious Fraud Office (SFO) designated by the director for this purpose may disclose any information obtained by any person in his capacity as a member of the SFO. This includes information subject to a statutory obligation of secrecy, this information may be used for a relevant prosecution but not otherwise.

The Director is empowered by section 3(4) of the Criminal Justice Act 1987 (CJA 1987) to agree to receive or supply information on the basis that it will only be used for a specified purpose. 

CJA 1987, s 3(5) of stipulates that any member of the SFO may disclose information obtained:

  1. to any government department or Northern Ireland department or other authority or body discharging its functions on behalf of the Crown (including the Crown in right of Her Majesty's

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