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12 September 2013 / Polly Dyer , HHJ Michael Hopmeier
Issue: 7575 / Categories: Features , Fraud , Bribery , Regulatory , Commercial
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Time to agree terms?

Polly Dyer & HHJ Michael Hopmeier assess the role & impact of DPAs at home & abroad

  • Section 45 of the Crime and Courts Act 2013 enacts Schedule 17, which provides for the introduction of Deferred Prosecution Agreements (DPAs), is expected to come into force in February 2014.
  • DPAs will not be available for individuals, whether for individual crimes or for action untaken on behalf of an organisation. 
  • DPAs  can be used in relation to conduct pre-dating the commencement of the legislation.
  • Lessons learned from other jurisdictions.

The government’s latest instrument in the fight against economic crime is the Deferred Prosecution Agreement (DPA). A DPA is a voluntary agreement between a prosecuting authority and a commercial organisation whereby, in return for complying with a range of stringent conditions including, eg the payment of a substantial financial penalty, requirements to make reparation to victims and participate in monitoring for a set period, the prosecutor will defer a criminal prosecution. If the required conditions are fulfilled, then the commercial

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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