Skip to content

All content is available under the Open Government Licence v3.0, except where otherwise stated.

To view this licence, visit:
https://nationalarchives.gov.uk/doc/open-government-licence/version/3

or write to:
Information Policy Team,
The National Archives,
Kew,
London TW9 4DU

or email: psi@nationalarchives.gov.uk.

This publication is available at:
https://hmcpsi.justiceinspectorates.gov.uk.

© Crown copyright

SFO strengthens disclosure practices, but risks remain says HMCPSI

Published:

The Serious Fraud Office (SFO) has strengthened its approach to managing disclosure since 2024, but risks remain around disclosure assurance at charge and the handling of legally privileged material according to a follow-up inspection published today by HM Crown Prosecution Service Inspectorate (HMCPSI).

Inspectors found evidence of clear progress and strong assurance culture across the SFO. Disclosure now features prominently in the organisation’s business plan, and case teams demonstrated greater awareness of their obligations and the risks. The appointment of three experienced heads of division has strengthened oversight, and staff across the organisation described disclosure as a shared responsibility. This is a significant culture change from what was found in during the original inspection in 2024.

While there has been good progress in some aspects, more needs to be done to address risks around disclosure assurance at charge and the handling of legally privileged material.

This follow-up inspection assessed progress against three of the six recommendations made in HMCPSI’s 2024 original inspection of SFO disclosure practices. The other three recommendations were not reassessed, as they had either already been addressed or sat outside the SFO’s remit.

The SFO has revised its Disclosure Management Document (DMD) template, achieving recommendation two. The improved template is now embedded within the Operational Handbook and used consistently by case teams, providing a clearer framework for explaining and managing disclosure decisions.

The SFO has not met recommendation three, which called for an independent check of each case’s disclosure position shortly before a charging decision is made. Inspectors found that the SFO has introduced an improved system of case reviews, which is a positive step. But this system has not yet been used, in practice, to check that disclosure is on track in the period immediately before charge.

The SFO has reviewed its approach to the handling of legally privileged material and was developing different approaches in response and so had achieved recommendation six, that called for a review of its approach to LPP material.

Despite this progress, LPP still remains one of the most significant risks to disclosure that the SFO faces. Vast volumes of material and quarantine requirements are causing case teams to lose direct visibility of LPP material. Inspectors found no reliable system for monitoring LPP material and ownership of the LPP process across the organisation remains unclear.

HMCPSI has made two further recommendations to address these outstanding risks.

Of the three recommendations assessed, one was achieved (Disclosure Management Document and guidance); one was not achieved (disclosure review process); and one was achieved only on a strict interpretation (management of legally privileged material).

HMCPSI Chief Inspector Anthony Rogers said:

“Getting disclosure right matters more than ever as the volume and complexity of digital material continues to grow. When disclosure fails, trials can collapse, and victims are denied the justice and compensation they deserve.

“The SFO is in a stronger position today than it was two years ago. This inspection found real cultural change, driven by strong leadership, and that matters. The SFO must now build on that progress, particularly in how it handles legally privileged material, which remains one of its most significant risks.

“I am pleased that for the first time the SFO have included disclosure improvement as an element of their Business Plan. This signals how seriously they are taking the management of disclosure and that they are willing to be publicly report progress.”

“Victims of serious fraud should have prosecutions that are built to withstand challenge in court, and this report gives the SFO a clear roadmap to close the gaps that remain.”

As a result of this assessment, HMCPSI has made two new recommendations, to be implemented by October 2027:


• Implement a pre-charge disclosure review for every case proceeding to the Case Evaluation Board Prosecution process.
• Introduce a process for providing case teams with monthly information regarding the status of LPP review work.

As part of the SFO disclosure programme of improvement HMCPSI will seek a written update from the SFO 12 months after publication on the implementation of these two new recommendations.