header-logo header-logo

Preventing fraud: better together?

21 February 2025 / Michael Goodwin KC , Theo Burges
Issue: 8105 / Categories: Features , Fraud , Criminal
printer mail-detail
208715
Michael Goodwin KC & Theo Burges explain how deferred prosecution agreements can be used in tandem with the new failure to prevent fraud offence
  • Key aspects of the new failure to prevent fraud (FTP) offence.
  • The core principles of the FTP government guidance.
  • Why the deferred prosecution agreements brand is likely to be expanded by and used in tandem with new FTP offence.

The long-awaited guidance on failure to prevent fraud (FPF) was published by the Home Office on 6 November 2024. The new law, which will come into effect on 1 September 2025, makes it an offence for an incorporated body to fail to prevent certain types of dishonesty and fraud-based conduct occurring while lacking adequate fraud prevention procedures being in place.

In and of itself, this represents another weapon in the arsenal of prosecuting authorities, particularly the Serious Fraud Office (SFO). But the spectre of the likely interaction between FPF and deferred prosecution agreements (DPAs) also looms for corporates. This article aims to

To access this full article please fill the form below.
All fields are mandatory unless marked as 'Optional'.
If you already a subscriber to New Law Journal, please login here

MOVERS & SHAKERS

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
back-to-top-scroll