Deferred prosecution agreements: guidance emerges ahead of launch

As of Monday 24 February, companies that have uncovered potential liability for economic crimes will have the opportunity to avoid criminal prosecution (and many of the associated consequences) by seeking a deferred prosecution agreement (DPA) in the UK.

DPAs haven been available in the US since the 1990s and have been utilised by prosecutors to conclude criminal investigations into a number of multi-national companies, such as Royal Bank of Scotland, Rabobank, HSBC, Pfizer, Total and Standard Chartered.

With Definitive Sentencing Guidelines for Corporate Offenders issued by the Sentencing Council on 31 January, and the Deferred Prosecution Agreements Code of Practice published on 14 February, some of the advantages and disadvantages, and the potential level of financial penalty, associated with a DPA have now become clearer…

Click on the link below to read the rest of the Stephenson Harwood briefing.

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