Quinton Newcomb

This Practice Note explains and analyses the use of Deferred Prosecution Agreements (DPAs) in practice, including those obtained by the Serious Fraud Office (SFO). It covers the test for approving a DPA (the interests of justice) and the importance of co-operation by the corporate. It considers what constitutes co-operation and the significance of corporate compliance programmes. The Practice Note includes reviews of the DPAs approved by the courts in the UK to date: the Standard Bank DPA, the Sarlcad Ltd DPA, the Rolls-Royce DPA, the Tesco Stores Limited DPA, the Serco Geografix Ltd (SGL) DPA, the Güralp Systems Ltd (GSL) DPA, the Airbus SE DPA, the G4S Care and Justice Services (UK) Ltd (G4S C&J) DPA, the Airline Services Ltd (ASL) DPA, the Amec Foster Wheeler Energy Limited (AFWEL) DPA, the Bluu Solutions and Tetris Projects LTD DPA and the Entain PLC DPA, setting out the background to the DPAs, the terms and co-operation credit granted and some other notable features of these DPAs. It also highlights the key learning points from these cases including the importance of a company co-operating with the authorities and, where appropriate, self-reporting bribery and corruption or other serious offences in order to secure DPAs. It also deals with the approach of the authorities and the courts to calculating the financial requirements set out in DPAs to date and lessons from how the UK authorities work with foreign enforcement agencies on matters where criminal jurisdiction bites in multiple countries.

This Practice Note reminds practitioners about important steps to take when responding to a confiscation statement, which is the statement issued by a prosecutor pursuant to section 16 of the Proceeds of Crime Act 2002.

This Practice Note explains the powers conferred by the Proceeds of Crime Act 2002 (External Investigation) Order 2013 (2013 Order), SI 2013/2605 and the Proceeds of Crime Act 2002 (External Investigation) Order 2014 (2014 Order), SI 2014/1893 to obtain orders and warrants from the High Court and Crown Court to assist overseas authorities’ investigations into the recovery of the proceeds of crime. These are known as ‘external investigations’ under the Proceeds of Crime Act 2002. It explains the individuals upon whom the powers in the 2013 Order and 2014 Order are conferred, summarises the making a request for assistance in an overseas investigation to the Secretary of State and to whom this will be passed, the scope of powers conferred under the Orders and the key investigatory orders available in respect of external investigations with a route map to their domestic equivalent and relevant guidance. It summarises the procedural rules which will apply depending on whether the investigative order is sought in the civil or criminal jurisdiction and offences in relation to external investigations provided for under the Orders. It also considers the offences in relation to external investigations and their interaction with the wider mutual legal assistance regime.