RE: Lufkin sentence4 Feb 2021 19:10
The guidance highlights that when investigating any organization, the SFO will need to assess the
effectiveness of the organization's compliance program.
Such an assessment will inform decisions as to:
• whether an organization may have an "adequate
procedures" defense under section 7 of the Bribery
Act 2010;
• whether a prosecution is in the public interest;
• whether an organization should be invited to enter
into DPA negotiations and, if so, what conditions
should be attached to any DPA; and
• the sentence to be imposed in the event of conviction.
The SFO stresses that the key feature of any program is that it needs to be effective and not simply "a paper exercise." It must work for the organization in question, taking into account the field in which that organization operates, and be proportionate, risk-based and regularly reviewed.