The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
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.
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
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234