Revised guidance published on approach to self-reporting of bribery offences by businesses in Scotland

27 Nov 2012

The Crown Office and Procurator Fiscal Service (COPFS), the sole prosecutor in Scotland has published revised guidance on its approach to self-reporting by businesses of offences under the Bribery Act 2010. Following the coming into force of the Bribery Act 2010 on 1 July 2011, the Lord Advocate approved an initiative for businesses to “self-report” bribery offences. Under the initiative, businesses can report the discovery of conduct within their organisation which may amount to an offence under the Act, with a view to the Crown giving consideration to refraining from prosecuting the business and referring the case to the Civil Recovery Unit (CRU) for civil settlement. This initiative ran for an initial period of one year from 1 July 2011. COPFS has now decided that this initiative should continue for another 12 months until 30 June 2013.

The revised guidance sets out in detail how such reports should be made by businesses and how they will be dealt with by the Serious Organised Crime Division within COPFS and, if appropriate, by CRU within Scotland. This initiative is distinct from the self-reporting regime operated by the Serious Fraud Office (SFO) in England and Wales. The guidance also deals with the question of which agency (SFO or COPFS) businesses should report to where there are cross-border issues. The factors that suggest a business should report to COPFS, include where the business has its headquarters or registered office in Scotland; where the business predominantly carries on its business in Scotland or, most importantly, where the wrongdoing that the business has identified has taken place in, or mostly in, Scotland.

A copy of the guidance is available.
http://www.copfs.gov.uk/sites/default/files/Self%20reporting%20guidance%20FINAL%20amended.doc