Terms and content of a DPA
Terms and content of a DPA

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

  • Terms and content of a DPA
  • What must a DPA contain?
  • DPA—Statement of facts
  • What guidance does the DPA Code provide on the terms of a DPA?
  • What financial orders may be terms of a DPA?
  • What monitors may be agreed upon to ensure proper future conduct?
  • Terms as to co-operation
  • Co-operation by parent companies under DPAs

What must a DPA contain?

The statutory requirements for the content of a Deferred Prosecution Agreement (DPA) are found in paragraph 5 of Schedule 17 of the Crime and Courts Act 2013 (CCA 2013). There are two mandatory requirements and seven suggested terms, although the latter list is non-exhaustive and it is possible for the parties to agree other appropriate terms. The basis of the DPA and the contents will therefore be set out clearly (to avoid any ambiguity resulting in a subsequent breach) and submitted to the court for its consideration and approval.

Mandatory terms of a DPA

A DPA must contain a Statement of Facts relating to the alleged offence, which may include admissions made by the organisation but this is not compulsory. See further below: DPA—Statement of facts.

Should a DPA not be agreed/approved, or be breached, and a prosecution is brought against the defendant, the Statement of Facts will be admissible in any criminal proceedings in accordance with section 10 of the Criminal Justice Act 1967, see Practice Note: Breach of a DPA.

The second mandatory term of a DPA is a term specifying an expiry date, which is the date on which the DPA ceases to have effect. This date will cease to apply if the DPA is breached and the mechanism for termination has taken