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28 June 2018 / Oliver Cooke , Dan Hyde
Issue: 7799 / Categories: Features , Criminal
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DPAs: still dividing opinion?

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Deferred Prosecution Agreements—five years on, what have we learned? By Oliver Cooke & Dan Hyde

  • DPAs subject to rigorous scrutiny by the courts.
  • Balance meaningful punishment with fairness for innocent parties.
  • Can now be used for offences under the Financial Crime Act as well as the Bribery Act.

Since their introduction in the Crime and Courts Act 2013 (CCA 2013), the Serious Fraud Office (SFO) has concluded four Deferred Prosecution Agreements (DPAs), seemingly all in different circumstances (the details of one remaining confidential). Opinion is divided: some commentators believe they provide an effective means of compelling businesses to behave ethically, lawfully and transparently; others (including the Executive Director of Transparency International UK) feel they represent ‘a soft option for companies that should be prosecuted for serious crimes,’ (Robert Barrington, executive director, Transparency International UK).

While it is still undeniably early days for DPAs, informative trends do begin to emerge from the DPAs concluded with Standard Bank, the company known as ‘XYZ’, and Rolls-Royce.

Fairness

Fairness is the overriding principle at

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Thomson Hayton Winkley—Jordan Wallace

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Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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