Deferred Prosecution Agreement - Full Steam Ahead (But Stopping At The Border!)

The Serious Fraud Office published their Code of Practice in relation to the Deferred Prosecution Agreement (DPA) system in England & Wales on 14 February 2014.

What are Deferred Prosecution Agreements?

DPAs are a method of plea bargaining which will allow companies who commit offences, including corruption, fraud and bribery, to avoid prosecution. They are by no means an easy option and the offending company will have to agree to a number of conditions, which may include a financial penalty, payment of compensation and co-operation with future prosecutions of individuals. If the conditions imposed are not honoured the prosecution of the offending company may resume.

To whom will Deferred Prosecution Agreements apply?

It is anticipated that DPAs will become particularly common in cases involving Bribery Act offences where companies face strict liability for the actions of their agents and others working on their behalf across the globe; however, DPAs may be less common for other financial crime offences where committing the crime requires the direct "mind and will" of the offending company.

The...