header-logo header-logo

28 June 2018 / Oliver Cooke , Dan Hyde
Issue: 7799 / Categories: Features , Criminal
printer mail-detail

DPAs: still dividing opinion?

nlj_7799_hyde

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll