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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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