Jurisdiction(s):
United Kingdom

SFO's revised self-reporting policy and fixed DPA timelines: weighing DPAs against pleading guilty and the expanding corporate liability landscape

Published on: 29 April 2025

Published by a Law360 reporter

Legal News

Article summary

The white-collar watchdog’s revised stance, allowing firms to sidestep charges save in ‘exceptional’ cases when they flag suspected economic wrongdoing, could nudge boardrooms towards deferred prosecution agreements (DPAs) rather than gambling at trial. ‘This guidance could usher in a fresh phase of corporate self-reporting and DPAs,’ said Louise Hodges, head of criminal litigation at Kingsley Napley LLP. Previously, the SFO’s approach offered no assurance that businesses would escape prosecution if they owned up. But SFO director Nick Ephgrave told white-collar defence practitioners in a 24 April 2025 speech that, for the first time, companies would know exactly what they are entering into: no ifs, no buts, no maybes; as close to a cast-iron promise as possible—work with us and we will work with you. Eye-catching as the pledge is, the real shift is the office’s vow to reply to companies under firm, defined timetables. That underpins Ephgrave’s drive to force earlier, decisive calls by the agency. For example, where a business self-reports via a dedicated hotline, an SFO official will come back within 48 hours—a practical change that, in truth, matters more than the promise, and supports his ambition for earlier, clearer decision-making across cases overall...

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