Variation of a DPA
Variation of a DPA

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

  • Variation of a DPA
  • In what circumstances can a DPA be varied?
  • What is the procedure for varying a DPA?

In what circumstances can a DPA be varied?

The power to vary a DPA is set out in paragraph 10 of Schedule 17 of the Crime and Courts Act 2013 (CCA 2013). The terms of a DPA may need to be varied in two circumstances:

  1. where the court has invited the parties to vary the DPA under the CCA 2013, Sch 17, para 9(3)(a), where the organisation has breached the DPA and the court would like the parties to agree proposals to remedy the organisation's failure to comply (for more information breach of a DPA see Practice Note: Financial Penalties as a term of a DPA—Late payment and breach of a DPA)

  2. where variation of the DPA is necessary to avoid a failure by the organisation to comply with its terms in circumstances that were not, and could not have been, foreseen by the prosecutor or the organisation at the time that the DPA was agreed

A variation of the second type will only be approved by the court if the potential breach arises from circumstances which were not and could not be foreseen The circumstances which the court considers an adequate reason for a potential breach which warrants a variation will develop on a case by case basis and so lawyers will have to watch how this develops