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ARTICLE · 29 DECEMBER 2023

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CPS Secures Its First Deferred Prosecution Agreement

Herbert Smith Freehills Kramer LLP
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On 5 December 2023, the High Court approved a deferred prosecution agreement ("DPA") between the Crown Prosecution Service ("CPS") and Entain plc ("Entain")...

United KingdomCriminal Law
Susannah Cogman
Susannah Cogman
Robert Hunt
Robert Hunt
Kate Meakin
Kate Meakin
Elizabeth Head
Elizabeth Head
Jessica Chappatte
Jessica Chappatte
Kate Milliken-Smith
Kate Milliken-Smith

On 5 December 2023, the High Court approved a deferred prosecution agreement ("DPA") between the Crown Prosecution Service ("CPS") and Entain plc ("Entain") for Entain's alleged failure to prevent bribery occurring in its legacy Turkish-facing business, contrary to section 7 of the UK Bribery Act 2010 (the "UKBA"). This is the first DPA entered into by the CPS, with the mechanism having previously only been deployed by the UK's Serious Fraud Office ("SFO"). It is also the second largest DPA secured in the UK to date (find our latest briefings on previous DPAs here and here).

The DPA followed an investigation into the company's Turkish-facing business launched in 2019 by HM Revenue and Customs ("HMRC"), a government agency which is not usually associated with bribery investigations, which are ordinarily handled by the SFO.

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