The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
Although the power to enter into a deferred prosecution agreement (DPA) has been within the Serious Fraud Office's (SFO's) armoury since 2014, practitioners had to wait until 2015 before the first DPA was approved by the courts in England and Wales. A second DPA followed in 2016 and two more have been approved since the start of 2017. With so few DPAs available for consideration, practitioners can nevertheless start to develop an understanding of the types of cases which the SFO consider suitable for a DPA and the methods which corporates under investigation can adopt to increase their chances of securing the SFO's agreement to enter a DPA.
This Practice Note focuses on the speeches given by the SFO from which insight on the SFO's approach to DPAs can be obtained. When read in conjunction with Practice Note: DPAs in practice, practitioners can obtain a keen understanding of the practical points which need to be considered when advising and representing clients facing a bribery or corruption investigation by the SFO.
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