The Guidelines introduce, for the first time, a direct provision stating that, in cases of timely voluntary self-disclosure by a company and full cooperation with the investigation, the organization may be eligible for a Deferred Prosecution Agreement (DPA).
However, the question of what constitutes “timely” self-disclosure remains open. The document notes that what qualifies as a reasonable timeframe will depend on the specific circumstances – for example, whether the organization is conducting a preliminary internal investigation.
As for further cooperation with the investigation, the Guidelines state that this will be a key factor in determining how the case is resolved (through a DPA or prosecution) and what sanctions may apply. According to the authority, effective cooperation should be proactive, transparent, and prompt: companies are expected not only to provide all relevant documents and materials, but also to assist in structuring and explaining them – for example, by submitting original documents, providing technical clarifications, or assisting with translation or interpretation. Proper cooperation may also include gathering key evidence and identifying individuals involved, both within and outside the organization.
At the same time, the Guidelines emphasize that full cooperation does not in itself guarantee a DPA: the nature and extent of a company’s cooperation is just one of many factors the Serious Fraud Office (SFO) will consider when deciding whether to pursue a deferred resolution. Furthermore, the document notes that, in exceptional cases, even where timely self-reporting and comprehensive cooperation are present, prosecution may still be initiated instead of offering a DPA.
*For companies from other countries, understanding the policy approach of UK enforcement authorities in corporate investigations is particularly important in the context of the UK Bribery Act, which has extraterritorial effect – meaning that, under certain conditions, it may apply to organizations based outside the United Kingdom.
