The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
A Deferred Prosecution Agreement (DPA) is a voluntary agreement between an organisation and a designated prosecutor which enables the prosecutor to defer a criminal prosecution by staying an indictment on specific terms agreed with the organisation (see Practice Note: Deferred prosecution agreements). It is therefore a means of alternative disposal for criminal offences. It involves the:
prosecutor inviting the organisation to enter negotiations for a DPA
organisation agreeing to comply with a range of terms and conditions which are monitored
prosecutor agreeing to start but then halt criminal proceedings for the alleged offence
prosecutor applying to the court for approval of the DPA
No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force and is complied with. Should the organisation breach the terms of the DPA, the prosecutor may apply to the court to restart the original criminal prosecution.
DPAs are only available to organisations in respect of the offences specified under the Schedule 17 of the Crime and Courts Act 2013 (CCA 2013). For detailed information on DPAs, see the following Practice Notes and Checklist:
Deferred prosecution agreements
DPAs in practice
The SFO's approach to Deferred Prosecution Agreements (DPAs)
Terms and content of a DPA
Breach of a DPA
Discontinuance of a DPA
Variation of a DPA
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