The Sentencing Council’s Guideline for sentencing individuals and corporate offenders convicted of fraud, bribery and money laundering offences comes into effect on 1 October 2014 as part of a package to support the introduction of Deferred Prosecution Agreements (“DPAs”).

DPAs are an alternative to criminal prosecution, and are intended to address the commission of “economic crimes” by commercial organisations.

DPAs are now available in respect of corporate offenders Under a DPA, a company will agree to certain conditions, which may include a financial penalty, reparation to victims, repayment of profits and measures to prevent future offending, as well as an agreed statement of facts setting out its wrongdoing.

The Guideline is intended to assist as a point of reference when financial penalty levels within DPAs are being considered and negotiated.

In this briefing, HERBERT SMITH summarise the Guideline and possible future changes in corporate criminal liability.

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