SFO external guidance on corporate co-operation and enforcement in relation to corporate criminal offending
On 24 April 2025, the Serious Fraud Office (SFO) released updated guidance on corporate cooperation and enforcement, marking a significant shift in its approach. Corporates that self-report and fully cooperate will now be invited to negotiate a Deferred Prosecution Agreement (DPA), unless exceptional circumstances apply.
The guidance establishes a detailed framework for self-reporting, including ambitious timelines designed to address longstanding concerns about delays. The SFO commits to contacting self-reporting corporates within 48 business hours, deciding on investigations within six months, and concluding DPA negotiations within six months of invitation.
Whilst the guidance defines uncooperative conduct such as minimising offending and withholding information, it also identifies 'forum shopping' by reporting to other jurisdictions for strategic advantage as problematic. This latter point may create uncertainty for corporates deciding how best to proceed in cross-border cases.
This development follows nearly four years without SFO-concluded DPAs and coincides with broader reforms. These include Jonathan Fisher KC's review potentially considering whistleblower payments, recent changes allowing corporate liability for senior managers' actions, and the new failure-to-prevent-fraud offence launching in September 2025.
The guidance signals the SFO's renewed commitment to DPAs as a core enforcement tool and represents a clear attempt to encourage corporate self-reporting going forward.