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23 October 2009 / David Corker
Issue: 7390 / Categories: Opinion , Banking , Commercial
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Waiting for a verdict

The Serious Fraud Office (SFO) recently published its policy on dealing with UK companies suspected of having committed offences involving overseas corruption.

The Serious Fraud Office (SFO) recently published its policy on dealing with UK companies suspected of having committed offences involving overseas corruption.

It is rare for a UK prosecutor to formulate—not to mention publish—such a crime-specific policy, let alone a policy directed at the treatment of only corporate entities.

The Director of Public Prosecution’s guidance on assisted suicide cases published last month was only issued as a result of the Crown Prosecution Service (CPS) being ordered to do so by the House of Lords in the Purdy case.

Hitherto in determining whether to prosecute or not in relation to any offence, the SFO has only ever purported to apply the CPS Code for Crown Prosecutors and has not distinguished between corporate and individual suspects. Para 5.7 of the code states that where an offence is serious (and corruption is surely that) prosecution should ensue.

This code, while not law, is considered by the courts as so authoritative that a prosecutor

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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