ABSTRACT
Once inspectors have been appointed, they have wide investigatory powers.31 If they consider that ‘any person’ is or may be able to give information concerning any offence under Part V of the Criminal Justice Act 1993, they may require that person to produce to them any documents in his possession or under his control which appear to them to be relevant to the investigation.32 The reference above to ‘any person’ should be noted. It means that the inspectors may investigate persons, such as journalists or bankers, who may not be insider dealers themselves but may possess information enabling transactions by insiders to be identified. The inspectors may require the person in question to attend before them33 and may examine him on oath.34 Any statement made by a person may be used in evidence against him.35 They may otherwise require him to give them all assistance in connection with the investigation which he is reasonably able to give36 and it shall be the duty of the person concerned to comply with that requirement.37 For these purposes, ‘document’ includes information recorded in any form but, in relation to information recorded otherwise than in legible form, the power to require production includes power to require the production of a copy of the information in legible form.38 A person who is convicted following a prosecution instituted as a result of an investigation by virtue of these provisions may be ordered to pay the expenses of the investigation to such extent as may be specified in the order and these shall be treated as including, in particular, such reasonable sums as the Secretary of State may determine in respect of general staff costs and overheads.39
