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
  • Parallel investigations by multiple agencies
  • Entering negotiations
  • Formal letter of invitation
  • Terms of the negotiations
  • Negotiation period
  • Preliminary hearing to approve a proposal to enter a DPA
  • Application for approval of the terms of the DPA
  • More...

DPA process

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 chapters on DPAs and also on corporate co-operation, which are set out in its operational handbook. These documents are 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. For further information, see Practice Notes: The SFO's approach to Deferred Prosecution Agreements (DPAs) — SFO DPA guidance and Corporate co-operation guidance for organisations seeking a DPA. See also, Practice Note: Summary of SFO's bribery guidance and policies.

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

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