SFO Issues "Refreshed" Guidance On Evaluating Corporate Compliance Programmes

The Serious Fraud Office ("SFO") – the agency tasked with fighting serious complex fraud and bribery in the UK - has released refreshed guidance on how it evaluates corporate compliance programmes when making enforcement decisions (the "Guidance"). The Guidance clarifies when, why and how the SFO will examine an organisation's compliance programme including investigations, prosecution decisions, Deferred Prosecution Agreements ("DPA"), potential defences to bribery and fraud charges, and sentencing.

For compliance officers, general counsel, boards, and senior management, the message is clear: a good compliance programme can determine prosecution decisions, influence the terms of DPAs, impact sentencing outcomes, and shape how the SFO views corporate culture and remediation. The Guidance also brings the UK closer to international approaches by outlining what evidence the SFO expects from organisations and how it evaluates policies, controls, training, governance