PRACTICE NOTES
SFO bribery enforcement: UK guidance on self-reporting, DPAs, corporate co-operation, adequate procedures, compliance programme evaluation, plea discussions, sentencing and whistleblowing
SFO’s key policies on prosecuting bribery offences
The Serious Fraud Office (SFO) is the principal authority investigating and prosecuting corporate bribery in the UK. In conjunction with the Crown Prosecution Service (CPS), it may enter into deferred prosecution agreements (DPAs) with organisations, allowing them to sidestep some of the impacts of a prosecution. For further detail, see Practice Note: Deferred Prosecution Agreements (DPAs). The SFO releases a range of policies and internal guidance that direct investigators and prosecutors handling bribery matters. Organisations, and those who advise them, should understand these materials as they illuminate the SFO’s stance on specific issues. The key SFO policies and guidance are:
the Ministry of Justice’s (MoJ’s) guidance on the Bribery Act 2010 (BA 2010)
the SFO’s Cooperation Guidance
the SFO’s guidance on Evaluating a Corporate Compliance Programme
the SFO’s guidance for whistleblowers
Collectively, this Practice Note refers to these as ‘the SFO policies’. As outlined in the SFO policies, decisions by the SFO to prosecute unlawful conduct are governed by:
the Code for Crown Prosecutors
DPAs Code of Practice
the Joint SFO-CPS
Taken together, these materials articulate the framework within which the SFO approaches corporate bribery prosecutions...
Corporate Crime