Deferred Prosecution Agreements
Deferred Prosecution Agreements is a topical guide to the brand new regime for addressing corporate liability in England and Wales. It provides a straightforward account of the development of the new rules, and will be essential for all those at the nexus of corporate crime and prosecution.
- Brings together a range of diverse materials in one useful and straightforward guide to the law and use of DPAs.
- Defines the circumstances in which a DPA would be an appropriate course of action, and what processes to follow in the creation of one.
- Sets out the development of the relevant legislation leading to the availability of DPAs in the UK from 2014.
- Considers what constitutes corporate criminal liability and the relevant offences which might lead to the use of a DPA.
- Identifies the prosecuting authorities capable of entering into a DPA.
- Illustrates best practice in corporate compliance, taking into consideration the prosecutor’s criteria for decision-making where internal misconduct may have been identified.
- Clearly sets out procedural requirements and published guidance, providing practical steps for corporate legal practitioners entering into negotiations leading to a DPA.
- States the potential penalties and sanctions available via a DPA, and addresses the consequences of not adhering to the provisions made therein, as well as other alternative outcomes.
- Takes into account the application of DPAs internationally and the potential for global settlements.
- US DPAs are reviewed alongside the UK case authorities relating to corporate criminal prosecutions, grounding the UK regime against helpful comparative examples.