DPA process
DPA process

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

  • DPA process
  • Which organisations will be suitable for DPA negotiations
  • Deciding to self-report
  • Entering negotiations
  • Negotiation period
  • Preliminary hearing to approve a proposal to enter a DPA
  • Application for approval of the terms of the DPA
  • Declaration in open court
  • Power to alter an approved DPA or Statement of Facts

Which organisations will be suitable for DPA negotiations

The Deferred Prosecution Agreement Code of Practice (DPA Code) for prosecutors is intended to guide prosecutors through the process of a deferred prosecution agreement (DPA) and provide a framework within which DPAs will operate. It is important that lawyers are familiar with it to ensure that the procedure is correct and that their client organisation is negotiating on a proper basis and properly represented at each stage. See Practice Notes: Deferred prosecution agreements and DPA Code of Practice.

When dealing with the Serious Fraud Office (SFO), the DPA Code should be read in conjunction with the SFO’s chapter on corporate co-operation in its operational handbook, which is intended to assist organisations in understanding what will be expected of them in order for their work to count as co-operation for the purposes of a DPA, see Practice Note: Corporate co-operation guidance for organisations seeking a DPA.

The test to be satisfied in order for a DPA to be granted judicial approval in the UK courts is set out in the DPA Code, see further, Practice Note: Deferred prosecution agreements—The test to be satisfied before a DPA is approved.

The DPA Code does not expressly limit or restrict the types of organisations to whom a DPA may be offered. Instead it indicates the factors which will weigh in favour of and against

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