Comparison between the Scottish self-reporting regime and Deferred Prosecution Agreements used in the rest of the UK—checklist
Produced in partnership with Paul Marshall of Brodies LLP and Ramsay Hall of Brodies LLP
ChecklistsComparison between the Scottish self-reporting regime and Deferred Prosecution Agreements used in the rest of the UK—checklist
Produced in partnership with Paul Marshall of Brodies LLP and Ramsay Hall of Brodies LLP
ChecklistsThere are key differences between the self-reporting initiative operated by the Crown Office and Procurator Fiscal Services (COPFS) in Scotland (Scottish self-reporting initiative) and the deferred prosecution agreement (DPA) regime now operating in the rest of the UK (DPA regime). Any business that uncovers corruption within the organisation should make sure it understands the differences between the two regimes before deciding which authority to approach.
This Checklist aims to set out the main differences between the Scottish self-reporting initiative and the DPA regime operating in the rest of the UK.
Introduction to the two regimes
Scottish self-reporting initiative
The Scottish self-reporting initiative was introduced on 1 July 2011 when the Bribery Act 2010 (BA 2010), a UK-wide statute, came into force. The Scottish initiative applies solely to offences under BA 2010 or analogous bribery offences which applied before BA 2010 came into force.
Under the regime, a self-reporting business can seek to negotiate a settlement with COPFS with
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