GovWire

Guidance: Offence of 'failure to prevent fraud' introduced by ECCTA

Home Office

November 6
10:48 2024

class="gem-c-govspeak govuk-govspeak gem-c-govspeak--direction-ltr govuk-!-margin-bottom-0">

The Economic Crime and Corporate Transparency Act 2023 (ECCTA) created a new corporate criminal offence of failure to prevent fraud.

This guidance provides advice to large organisations on procedures they can put in place to prevent fraud.

Under the legislation, an organisation will be criminally liable where:

  • a specified fraud offence is committed by an employee, agent or other associated person, for the organisations benefit
  • the organisation did not have reasonable fraud prevention procedures in place

It does not need to be shown that company managers ordered or knew about the fraud.

The offence applies to:

  • all large incorporated bodies, subsidiaries and partnerships
  • large not-for-profit organisations such as charities if they are incorporated
  • incorporated public bodies

The offence does not apply to:

  • police forces
  • government departments

The offence will come into effect on 1 September 2025.

We are aware that these publications may have accessibility issues.

We are reviewing them so that we can fix these.

Read more about our accessible documents policy.

Updates to this page

Published 6 November 2024

Sign up for emails or print this page

Recent Comments

Follow Us on Twitter

Share This


Enjoyed this? Why not share it with others if you've found it useful by using one of the tools below: