Serious Fraud Office publishes updated guidance for corporates setting out transparently when, why and how it will evaluate a compliance programme.
The Serious Fraud Office (SFO) has today published updated guidance on evaluating corporate compliance programmes, providing organisations with greater clarity on how their compliance arrangements will be assessed across a range of enforcement scenarios.
The refreshed guidance outlines the six scenarios in which the SFO may need to evaluate an organisation's compliance programme, including when considering prosecutions, deferred prosecution agreements (DPAs), compliance terms and monitorships, potential defences to corporate offences, and sentencing considerations.
A key update to the guidance incorporates evaluation criteria for the new offence of failure to prevent fraud under the Economic Crime and Corporate Transparency Act 2023 (ECCTA), including assessment of any potential defences of reasonable procedures.
The guidance emphasises that the SFO's assessment will be based on an organisation's individual circumstances. It stresses that having policies, procedures and controls in place does not automatically mean a compliance programme is effective. The SFO will examine how policies translate into conduct on the ground.
This publication marks the latest step in the SFO's refreshed approach to working with cooperating businesses to encourage best practice. It follows the release of the updated Corporate Cooperation Guidance in April this year and the Joint SFO-CPS Corporate Prosecution Guidance published in August.
Matthew Wagstaff, Director of Legal Services, said:
This updated guidance provides organisations with clear expectations and demonstrates our transparent approach to working with organisations that demonstrate best practice.
Effective compliance is not a tick-box exercise - it's about creating genuine cultures that prevent fraud, bribery and corruption.
The guidance is available on the SFO website .
