UK Law and Practice Contributed by: Neil Swift, Jasvinder Nakhwal, Charlotte Tregunna and Rachel Cook, Peters & Peters
Civil and administrative enforcement may arise under parallel regimes, including: • civil recovery proceedings under Part 5 of the Pro - ceeds of Crime Act 2002; • director disqualification orders, asset freezes and financial sanctions under the Global Anti-Corrup - tion Sanctions Regulations 2021; and • regulatory penalties by the FCA or HM Revenue & Customs (HMRC) for related compliance failures. The enforcement environment has become nota - bly more assertive in 2025, characterised by faster investigations, co-ordinated international efforts, and expanded use of data analytics and technology- assisted review. 7.2 Enforcement Bodies The main bodies responsible for investigating and prosecuting bribery and corruption offences are: • SFO: The SFO is competent to investigate and prosecute serious or complex cases involving bribery, corruption and corporate fraud. Its powers include compulsory document production, search and seizure, and pre-investigation disclosure pow - ers under the ECCTA 2023. The SFO also leads on DPAs and cross-border co-ordination. • CPS: The CPS handles less complex or lower-val - ue cases, and prosecutions arising from investiga - tions by the National Crime Agency, police or local authorities. The CPS also does DPAs (such as with Entain). • FCA: The FCA oversees financial institutions, enforcing integrity and anti-corruption standards under the Financial Services and Markets Act 2000. • HMRC: HMRC enforces tax-related corruption and financial crime, including the “failure to prevent facilitation of tax evasion” offence under the Crimi - nal Finances Act 2017, as well as bribery offences. • Office of Financial Sanctions Implementation (OFSI): OFSI enforces sanctions relating to cor - ruption, including asset freezes and information- related offences. These agencies frequently operate jointly under the Economic Crime Plan 2 (2023–2026). The SFO, CPS
and FCA maintain established co-operation frame - works, while the UK–France–Switzerland Anti-Corrup - tion Alliance (2025) now enables co-ordinated cross- border investigations. 7.3 Jurisdictional Reach of Enforcement Bodies The UK’s anti-bribery and anti-corruption laws have extensive extraterritorial reach. As set out in 3.2 Geographical Reach of Applicable Legislation , under the BA 2010, UK nationals, resi - dents, and companies incorporated in the UK can be prosecuted for bribery committed anywhere in the world. Jurisdiction also extends to foreign companies carry - ing on part of their business in the UK. The “failure to prevent fraud” and “failure to prevent bribery” offences similarly apply to conduct outside the UK where the organisation benefits from or is con - nected to UK operations. The SFO, the CPS and OFSI can, therefore, pursue individuals and corporates for overseas conduct with a “close connection” to the UK, often in collabora - tion with foreign enforcement bodies such as the US Department of Justice and OECD Working Group on Bribery partners. 7.4 Discretion for Mitigation and Aggravation All key enforcement bodies exercise discretion in determining whether to prosecute and in assessing mitigation or aggravation. Under the Joint SFO–CPS Corporate Prosecution Guidance and the SFO’s Guidance on Corporate Cooperation and Enforcement in relation to Corporate Criminal Offending, the following factors are relevant. Mitigating Factors Mitigating factors include: • prompt self-reporting and full co-operation; • demonstrated reasonable procedures or robust compliance programmes;
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