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ARTICLE · 14 MARCH 2014

Deferred Prosecution Agreements Now Available To UK Public Prosecutors

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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The Serious Fraud Office has published a code of practice on the use of deferred prosecution agreements.

NetherlandsCriminal Law
Patrick Ploeger
Patrick Ploeger
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Deferred Prosecution Agreements (DPAs) came into force in the UK on 24 February 2014. Under a DPA, a prosecutor charges a company with a criminal offence but proceedings are automatically suspended. The company agrees to a number of conditions, such as paying a financial penalty, paying compensation and cooperating with future prosecutions of individuals. If the company does not honour the conditions, the prosecution may resume. DPAs can be used for fraud, bribery and other economic crimes. They apply to organisations, not individuals.

DPAs, introduced in the Crime and Courts Act 2013, are to be used where the public interest is not best served by mounting a prosecution. Entering into a DPA in the UK is to be a transparent public event, and the process will be supervised by a judge.

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