Serious Fraud Office strengthens corporate co-operation guidance

The update, announced by director of legal services and general counsel Matthew Wagstaff at the International White Collar Institute in London, follows in the wake of feedback from legal practitioners since the guidance was first revised in April last year.

Under the change, corporates’ legal representatives will be able to discuss a potential self-report directly with Wagstaff via a new dedicated e-mail address ([email protected]) before committing to a formal report.

Speaking at the event, which was hosted by the American Bar Association, Wagstaff stated: “We believe that a swifter and clearer path to enter negotiations for a Deferred Prosecution Agreement (DPA) is in the best interests of everyone. We’ve taken this feedback on board. That’s why we’re strengthening our guidance so that a corporate’s legal representatives can, if they wish, communicate directly with me before they formally submit a self-report.”

The SFO’s Corporate Co-operation Guidance, first launched in April 2025, commits that corporates who report promptly and co-operate fully will, barring exceptional circumstances, be invited to enter negotiations for a Deferred Prosecution Agreement (DPA).

Regular updates

The guidance sets out that the SFO will make contact within 48 business hours of a self-report, provide regular updates throughout the process, decide whether to open an investigation within six months and aim to conclude investigations within a prompt timeframe.

“As a responsible prosecutor,” stated Wagstaff, “there will rightly always be limits to the commitments that we can make. Nevertheless, I believe that, in this guidance, we have challenged ourselves as an organisation to make the strongest possible offer to responsible corporates.”

Alongside the new route to the director of legal services, the updated guidance also clarifies that corporates are expected to take a proportionate and risk-based approach to identifying the full extent of any criminal offending and confirms that the six-month period for concluding DPA negotiations runs from the point at which an invitation to negotiate is accepted.

The full updated guidance, including details on how to self-report, is available to view online at GOV.UK