header-logo header-logo

01 August 2019 / Eoin O’Shea , Emma Shafton
Issue: 7851 / Categories: Opinion , Criminal
printer mail-detail

DPAs: time to extend the regime?

More than half a loaf: Tesco, Sarclad & the case for individual DPAs by Eoin O’Shea & Emma Shafton

A deferred prosecution agreement (DPA) is a means by which a prosecutor can resolve allegations of certain types of criminal behaviour by a corporation (Crime and Courts Act 2013, Sch 17). Instead of a prosecution and trial, the corporation agrees to disgorge any gains and pay additional penalties. It promises future good behaviour including, often, assisting prosecutors to investigate others. A prosecution is deferred pending fulfilment of these commitments. There have been five such DPAs so far, all proposed by the Serious Fraud Office (SFO) and approved of by the courts. The most recent, involving Serco Geographix Ltd, was issued last month (Serious Fraud Office v Serco Geographix Ltd, Southwark Crown Court 04/07/2019, (William Davis J)).

At present, DPAs can apply to corporate bodies only, but not to individuals. The best explanation for this is pragmatism: it can be very difficult to prosecute a company for serious crime, in particular where, under

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll