Financial crime—deferred prosecution agreements—overview [Archived]

The following Financial Services practice note provides comprehensive and up to date legal information covering:

  • Financial crime—deferred prosecution agreements—overview [Archived]
  • What is a deferred prosecution agreement?
  • DPA process
  • Terms of a DPA
  • Use of material and privilege in the DPA process
  • Breach of a DPA
  • Discontinuance of a DPA
  • Variation of a DPA

Financial crime—deferred prosecution agreements—overview [Archived]

This Overview has been archived and is not maintained. This is a guide to the Lexis®PSL Financial Services subtopic Financial crime—deferred prosecution agreements and includes links to appropriate materials.

What is a deferred prosecution agreement?

A deferred prosecution agreement (DPA) is a power given to the court to approve a financial penalty and compensatory payments which has been agreed between the company and the prosecutor. The agreement allows a company to continue to trade without being prosecuted over a set period when they have been investigated for financial crime or bribery and have paid a fine and made other financial recompense.

A DPA is discretionary and it is for the prosecutor to decide whether or not to agree to enter into one. Only the Crown Prosecution Service (CPS) and the Serious Fraud Office (SFO) can currently enter into a DPA although the Secretary of State has the power to make an order designating another prosecutor to enter into a DPA.

The circumstances in which a DPA can be offered and the form which they must take is provided for in section 45 of and Schedule 17 to the Crime and Courts Act 2013 (CCA 2013). The agreement may include more than the requirement to pay a fine and to make recompense but a series of remedial actions may be agreed including changes to policies,

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