The New Deferred Prosecution Agreement – What Does It Mean For Me?

DPAs are arrangements under which an entity voluntarily discloses its own criminal activity to the criminal authorities, and as recognition for this it can avoid criminal prosecution - as long as it gives full disclosure of the offending, pays any financial penalty or compensation ordered, covers all the costs associated with administering the DPA and demonstrates over time that it has remedied the failings that led to the offending conduct. If the entity does all that, then it will be safe from prosecution. DPAs may not be available to entities that are already under investigation. They are designed for genuine voluntary disclosures of previously unknown evidence of criminal conduct. Ultimately, it's a decision for the Royal Court to decide to approve the DPA application or to reject it.