header-logo header-logo

DPAs: a blessing or a curse?

19 February 2016 / Matthew Wagstaff
Issue: 7687 / Categories: Legal News
printer mail-detail

Response from Matthew Wagstaff, Joint head of Bribery and Corruption Division, Serious Fraud Office

Jonathan Pickworth’s suggestion that a deferred prosecution agreement (DPA) “will not even be offered unless the company has agreed to waive privilege as part of its co-operation” is entirely without foundation (“A blessing or a curse?”, NLJ , 5 February 2016).

The Serious Fraud Office has been very clear that, while co-operation will indeed play a significant part in its decision-making when deciding whether to invite a corporate to enter into DPA negotiations, we do not require companies to waive privilege in order to demonstrate that co-operation. Indeed, the assertion that the DPA Code of Practice expressly reflects this “requirement” is simply wrong.

Paragraph 3.3. of the code expressly provides that neither the Crime and Courts Act 2013 nor the code itself alters the law on legal professional privilege. In fact, the code does no more than make it clear that what prosecutors are interested in is the underlying factual material. This is evident from para 2.8.2.i. of the code which provides, in part: “Co-operation will include identifying relevant witnesses, disclosing their accounts and the documents shown to them. Where practical it will involve making witnesses available for interview when requested. It will further include providing a report in respect of any internal investigation including source documents.”

See further: A blessing or a curse? Pt 2 

Issue: 7687 / Categories: Legal News
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll