Prosecution guidance on ECCTA corporate criminal liability

As the failure to prevent fraud offence barrels into view, the SFO and CPS has issued joint guidance on how they will approach corporate prosecutions

The revised guidance reflects the latest elements of Economic Crime and Corporate Transparency Act 2023 (ECCTA) and has been released shortly before the new failure to prevent fraud offence takes effect on 1 September, extending corporate liability to key fraud offences to companies and directors.

It sets out the common approach of the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO) to the prosecution of corporate offending in England and Wales with details on how it will approach the expanded raft of corporate crime offences. 

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