UK Law and Practice Contributed by: Neil Swift, Jasvinder Nakhwal, Charlotte Tregunna and Rachel Cook, Peters & Peters
• Individuals (summary conviction): An individual found guilty of an offence under Section 1, 2 or 6 may face imprisonment for up to six months for a single offence, or up to 12 months for multiple offences. (Note: From November 2024, the govern - ment increased the maximum sentences available in the Magistrates’ Court to 12 months’ imprison - ment.) • Individuals (conviction on indictment): An individual convicted on indictment under Section 1, 2 or 6 may be sentenced by the Crown Court to imprison - ment for up to ten years, an unlimited fine, or both. • Corporate bodies: A corporate entity convicted of an offence under Section 1, 2, 6 or 7 may receive an unlimited fine. The appropriate “harm figure” is typically assessed as the gross profit derived from the contract obtained, retained or sought as a result of the offence. For offences under Sec - tion 7, an alternative measure may be the financial cost avoided by failing to implement adequate procedures to prevent bribery. This harm figure forms the basis of the penalty and, in accordance with the Sentencing Council’s Guidance on Bribery sentences, is then adjusted according to the level of culpability and any aggravating or mitigating factors. In practice, fines under Deferred Prosecution Agree - ments (DPAs) have been substantial. For example, in 2023, following a CPS DPA, Entain agreed to pay a total of GBP585 million, including a GBP20 million charitable payment and GBP10 million towards costs. 5.2 Guidelines Applicable to the Assessment of Penalties Sentencing in England and Wales is governed by guidelines issued by the Sentencing Council. While these guidelines cover many of the more common criminal offences, numerous offences, including sev - eral relevant to corruption, remain outside their scope. Courts are nonetheless required to consider any appli - cable guidelines when determining sentence. Specific sentencing guidelines exist for bribery offenc - es under the BA 2010, distinguishing between offenc - es committed by individuals and those committed by corporate entities. There are no prescribed minimum sentences. However, previous relevant convictions, as
well as prior civil or regulatory enforcement actions, are treated as aggravating factors, increasing the seri - ousness of the offence and therefore the severity of the sentence and/or fine imposed.
6. Disclosure Processes 6.1 Disclosure Obligations
There is no general statutory duty on individuals or corporates in England and Wales to disclose bribery or corruption offences of which they become aware. Disclosure becomes mandatory only where specific regulatory regimes impose it, such as obligations on regulated entities under the Financial Conduct Author - ity (FCA) Handbook or anti-money-laundering report - ing duties under the Proceeds of Crime Act 2002. For example, those in the regulated sector, including financial institutions, accountants and some lawyers, have an obligation to report suspicions of money laun - dering, subject to limited exceptions. Outside those contexts, disclosure of potential bribery or corruption remains voluntary. In practice, howev - er, corporates may decide to self-report to the SFO, Crown Prosecution Service (CPS) or relevant regulator to mitigate potential liability or secure more favourable treatment, particularly in light of the “failure to prevent fraud” offence that took effect in September 2025. 6.2 Voluntary Disclosure Incentives The incentives for voluntary disclosure have strength - ened considerably under the evolving enforcement framework. For corporates, self-reporting can: • influence the decision whether to prosecute or to invite the company to negotiate a DPA; • substantially reduce financial penalties on convic - tion; and • demonstrate “reasonable procedures” and co- operation, which are key public interest factors under both the BA 2010 and the ECCTA 2023. The SFO’s Guidance on Corporate Cooperation and Enforcement in relation to Corporate Criminal Offend - ing places heavy emphasis on early, transparent self-
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