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Waiting for a verdict

23 October 2009 / David Corker
Issue: 7390 / Categories: Opinion , Banking , Commercial
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The Serious Fraud Office (SFO) recently published its policy on dealing with UK companies suspected of having committed offences involving overseas corruption.

The Serious Fraud Office (SFO) recently published its policy on dealing with UK companies suspected of having committed offences involving overseas corruption.

It is rare for a UK prosecutor to formulate—not to mention publish—such a crime-specific policy, let alone a policy directed at the treatment of only corporate entities.

The Director of Public Prosecution’s guidance on assisted suicide cases published last month was only issued as a result of the Crown Prosecution Service (CPS) being ordered to do so by the House of Lords in the Purdy case.

Hitherto in determining whether to prosecute or not in relation to any offence, the SFO has only ever purported to apply the CPS Code for Crown Prosecutors and has not distinguished between corporate and individual suspects. Para 5.7 of the code states that where an offence is serious (and corruption is surely that) prosecution should ensue.

This code, while not law, is

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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