ARTICLE
4 September 2024

The SFO Must Learn From Past Mistakes To Address Its Biggest Challenge: Disclosure

The Serious Fraud Office (SFO) has faced repeated disclosure issues, leading to acquittals. Neil Swift and Fred Kelly argue that the problem stems from the SFO's attitude towards the disclosure system, not the system itself, despite calls for reform.
United Kingdom Criminal Law

The Serious Fraud Office (SFO) has been grappling with well-documented disclosure issues for a while, with disclosure failings being linked to several acquittals in prosecutions that the agency brought in recent years.

In this article for Global Investigations Review, Neil Swift and Fred Kelly argue that these failings are down to the SFO's approach to the disclosure system.

They discuss the approach taken by the SFO's previous director, who questioned the requirements of the disclosure system and called for change, and how this rhetoric has been adopted by the new director, while also trying to identify potential solutions.

However, Neil and Fred argue that any failings are not down to the system itself, but lie with the agency's attitude towards it.

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