As the SFO is a publicly funded operation, they subject to Freedom of Information requests from the general public
Anyone want to make such a request if they had received a referral to investigate the City fraud allegations?
Stages of a case
Intelligence gathering or “pre-investigation” stage
The SFO receives information on possible criminal activity from a variety of sources, including whistleblowers, victims, other law enforcement agencies, the media, corporations themselves (“self reports”), and those in competition with them. This information is analysed and the potential for the alleged activity to become the subject of a criminal investigation is assessed by our Intelligence Unit, a team of intelligence operatives, lawyers, accredited financial intelligence officers, analysts and investigators.
The Intelligence Unit also undertakes its own research and proactively develops information. The unit has unique pre-investigation powers available under Section 2A of the Criminal Justice Act 1987 that are used to help determine whether to commence an investigation where it appears bribery and corruption may have taken place.
The Director can accept a case for criminal investigation if, in his judgment, it meets his
Statement of Principle and if he considers there are reasonable grounds to suspect serious or complex fraud.
Investigation and prosecution
Once a case is accepted by the Director, investigators and lawyers work together from the start. This way of working is known in the UK as the
Roskill model and is an exception to the normal practice in this country, in which crime is generally investigated by a police force and the evidence passed to the CPS to decide whether to prosecute. The SFO was set up differently because our cases need strong cooperation and management from both lawyers and investigators all the way through, to make sure that the lines of investigation are the best ones to uncover criminal activity, and eventually prove it in court.
Deferred Prosecution Agreements
If the investigation results in enough evidence to a support a realistic prospect of conviction, and if a prosecution is considered to be in the public interest, charges will be normally be brought. Alternatively the Director of the SFO may consider inviting a company to enter negotiations for a
Deferred Prosecution Agreement. The SFO’s first DPA was with
Standard Bank in 2015. Subsequent DPAs were agreed with
Sarclad Ltd in 2016 and with
Rolls-Royce and
Tesco in 2017. In 2019, DPAs were agreed with
Serco Geografix Ltd and
Güralp Systems Ltd. In 2020, a DPAs were agreed with
Airbus SE, G4S Care & Justice Services (UK) Ltd and
Airline Services Ltd. In 2021, a DPA was agreed with
Amec Foster Wheeler Energy Limited and with
two companies for Bribery Act offences.
Trial
If we decide to prosecute the alleged criminals, there will often be a court trial.
How to make a Freedom of Information request
1. Read about the Freedom of Information (FOI) Act and
how to make a request.
2. Check to see whether the information you would like to request is already available. The SFO already publishes information relating to its:
3. Consider whether the information you would like to request is a matter of court record, which would mean the SFO cannot release it in response to an FOI request. You may instead wish to apply directly to the relevant court to request such information, details of which are
available here.
4. Make a new request by contacting us on:
information.officer@sfo.gov.uk