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23 October 2009 / David Corker
Issue: 7390 / Categories: Opinion , Banking , Commercial
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Waiting for a verdict

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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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