header-logo header-logo

12 September 2013 / Polly Dyer , HHJ Michael Hopmeier
Issue: 7575 / Categories: Features , Fraud , Bribery , Regulatory , Commercial
printer mail-detail

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

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

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
back-to-top-scroll