Self-reporting corporate offences
Produced in partnership with Kevin Dent (Barrister) of 5 St Andrew’s Hill
Last updated on 16/10/2019

The following Corporate Crime practice note produced in partnership with Kevin Dent (Barrister) of 5 St Andrew’s Hill provides comprehensive and up to date legal information covering:

  • Self-reporting corporate offences
  • Self-reporting bribery and corruption offences
  • Self-reporting failure to prevent tax evasion (CFA 2017)
  • Self-reporting and Deferred Prosecution Agreements
  • Extent and timing of co-operation required in self-reporting
  • Self-reporting in approved DPAs
  • Standard Bank
  • Sarclad Ltd
  • Failure to self-report in Rolls-Royce
  • Tesco Stores Ltd
  • More...

Self-reporting corporate offences

Self-reporting is the process by which a business can report to law enforcement agencies upon its discovery of financial or other wrongdoing within the business, with a view to achieving lenient treatment and/or avoidance of prosecution.

In the UK this is most commonly associated with the Serious Fraud Office (SFO) and offences under the Bribery Act 2010 (BA 2010) but is not limited to either and there is no statutory requirement to self-report bribery (or corruption) if discovered.

By contrast, a mandatory scheme exists within health and safety and environmental law under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), SI 2013/1471. For more information, see Practice Note: Reporting of Injuries, Diseases and Dangerous Occurrences at Work Regulations 2013, SI 2013/1471 (RIDDOR)—general requirements.

A similar scheme exists under section 19 of the Terrorist Asset-Freezing etc Act 2010 (TAFA 2010) (reporting obligations of relevant institutions in relation to sanctions, under which failing to report attracts criminal liability). For more information, see Practice Note: Financial sanctions—offences.

Two ‘failure to prevent’ corporate criminal offences were created by sections 45 and 46 of the Criminal Finances Act 2017 (CFA 2017) in relation to the underlying criminal offences of facilitating a UK or foreign tax evasion offence. CFA 2017, s 51(3) adds these offences to the scheduled list of offences in respect of which a Deferred Prosecution

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