Breach of a DPA
Breach of a DPA

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Breach of a DPA
  • Breach of a DPA
  • Procedure for enforcing a suspected breach
  • Variation of the DPA following suspected breach
  • Termination of DPA following a breach

Breach of a DPA

The procedure for the circumstances in which a prosecutor believes that an organisation may be in breach of a DPA is set out in paragraph 9 of Schedule 17 of the Crime and Courts Act 2013 (CCA 2013).

CCA 2013, Sch 17, para 9(1) provides that, where the prosecutor believes that the organisation has failed to comply with the terms of the DPA, the prosecutor may make an application to the Crown Court to make a finding to that effect. This creates an element of discretion to be exercised on the part of the prosecutor as to whether to institute formal proceedings for breach. As to whether the High Court has jurisdiction to entertain judicial review proceedings for the failure of the Serious Fraud Office (SFO) to enforce breach of a DPA, see the comments made obiter by Mr Justice Green, giving judgment in R (on the application of AL) v SFO, XYZ Ltd, in particular, at paragraphs [63] and [64]. For further information, see Practice Note: Judicial review of prosecution decisions and News Analysis: High Court not forum for dispute linked to DPA (R (on the application of AL) v Serious Fraud Office).

If the SFO does make an application, the Crown Court must decide whether the organisation has failed to comply with the terms of the DPA on the balance

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