The Sentencing Council Guideline for corporate offenders

The Sentencing Council published its definitive Guideline for sentencing corporate offenders convicted of fraud, bribery and money laundering offences on 31 January 2013 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.  As we have previously reported, DPAs are to become available to corporate offenders on 24 February 2014. 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, but will not actually come into force for convicted offenders until 1 October 2014, at the same time as the guideline for individuals convicted of an offence of fraud, bribery or money laundering.

In this briefing, we summarise the Guideline, outline some of the key issues raised in the Consultation responses, and look forward to possible future changes in corporate criminal liability.