The Serious Fraud Office’s use of counsel has been praised by its watchdog for ‘recent changes [which] have strengthened oversight of expenditure’, inspectors have concluded. 

However in a report on the SFO’s use of counsel at the pre-charge stage, His Majesty’s Crown Prosecution Inspectorate (HMCPSI) today makes six recommendations to help the body improve. These include the introduction of a central record of counsel and their performance to support future decisions.

In 2024/25, the SFO spent £7.6million – 8.9% of net expenditure – on counsel fees, the report reveals. Though business cases for why counsel was needed were ‘very good at providing a general justification’ they were ‘often inadequate in specifying the particular work counsel would be expected to undertake’, the report said, though it noted the ‘appropriate level of counsel was requested’ in all business cases examined.

‘The lack of clarity creates a risk that counsel is requested by a case team to carry out tasks which would not have been envisaged by those approving the business case, especially given the resource gaps present in many case teams.’

The report noted the ‘appropriate level of counsel was requested in all the business cases…examined’ but ‘identified an inconsistency in the manner and quality of instructions to counsel which requires improvement’. It said: ‘Some instructions were not always clearly set out in writing, and some were vague and lacked detail about what counsel was being asked to do. The SFO does not have a standard process or assurance system for the preparation of instruction of counsel and this needs to be addressed.’

SFO sign

In 2024/25, the SFO spent £7.6million – 8.9% of net expenditure – on counsel fees

Source: Alamy 

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The report recommends that the register of instructed counsel should be set up by October and consulted prior to the completion of a business case for the instruction of counsel.

Anthony Rogers, chief inspector of HMCPSI, said: ‘It is vital SFO builds robust cases, and that is why they must show a strong grip on how much they are spending on external counsel, demonstrate value for money, and that counsel positively contributes to strong cases.

‘Our inspection found that SFO is effectively appointing counsel and managing their input into cases. However, we make six recommendations that if successfully adopted, could improve their performance, deliver value for money for the public, while benefiting victims and reducing potential criminal activity from across the globe.’