Discontinuance of a DPA
Discontinuance of a DPA

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

  • Discontinuance of a DPA
  • When does a deferred prosecution agreement expire?
  • What happens to the indictment on expiry of a DPA?
  • Can proceedings be reinstituted following the expiry of a DPA?

When does a deferred prosecution agreement expire?

A deferred prosecution agreement (DPA) usually expires on the date specified as a term of the agreement, unless it is terminated for breach. See Practice Note: Breach of a DPA.

Several DPAs agreed in the past have built in flexibility by way of terms that allow for an early conclusion, if the financial penalties, costs and disgorgement of profits elements are complied with. For more information about the DPAs entered into to date, including operative periods, see: Deferred Prosecution Agreements entered into to date—checklist.

A DPA is not to be treated as having expired if, on the expiry date specified in the DPA:

  1. an application made by the prosecutor under the Schedule 17, paragraph 9 of the Crime and Courts Act 2013 (CCA 2013) (an allegation of breach of the terms of the DPA) has not yet been decided by the court, where this is the case:

    1. if the court decides that the organisation has not failed to comply with the terms of the DPA, or that the organisation has failed to comply but does not take action under paragraph 9(3), the DPA is to be treated as expiring when the application is decided

    2. if the court terminates the DPA, the DPA is to be treated as n