SFO Issues Guidance On Corporate Co-Operation

On 6 August 2019, the SFO published "corporate co-operation guidance" contained within its Operational Handbook. The guidance sets out the matters that the SFO may take into account when assessing the extent of co-operation from business entities when considering charging decisions and/or a deferred prosecution agreement.

The guidance will be welcomed by companies and practitioners, but it does raise a number of questions in relation to internal investigations.

What does co-operation mean?

The guidance makes it clear that simply complying with legal requirements will not be sufficient to demonstrate co-operation. It states:

"Co-operation means providing assistance to the SFO that goes above and beyond what the law requires. It includes: identifying suspected wrongdoing and criminal conduct together with the people responsible, regardless of their seniority or position in the organisation; reporting this to the SFO within a reasonable time of the suspicions