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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll