Deferred prosecution agreement meaning

STOP PRESS This Practice Note is being revised to incorporate the new guidance from the Crown Office and Procurator Fiscal Service (COPFS) - Self report policy: guidance to businesses reporting economic crime offences - under which businesses may now self‑report a range of economic crime offences. There are significant differences between the self‑reporting initiative operated by COPFS in Scotland and the deferred prosecution agreement (DPA) regime running in the rest of the UK. Any business that discovers corruption within the organisation should ensure it understands these distinctions before deciding which authority to contact. This Checklist sets out the main differences between the Scottish self‑reporting initiative and the DPA regime applied elsewhere in the UK. Introduction to the two regimes Scottish self-reporting initiative The Scottish self‑reporting initiative was launched on 1 July 2011 when the Bribery Act 2010 (BA 2010), a UK‑wide statute, took effect. The Scottish initiative applies solely to offences under BA 2010 or analogous bribery offences that applied before BA 2010 commenced. Under the...

A deferred prosecution agreement (DPA) A DPA is a negotiated agreement between an organisation and a designated prosecutor, allowing the latter to defer a prosecution by staying an indictment on set conditions. Whilst the DPA remains in force, no proceedings relating to the covered matters may be brought against the organisation. Consequently, a company can continue operating without a protracted criminal investigation or an expensive prosecution hanging over it. For detailed information on DPAs, see the Practice Notes below: Deferred prosecution agreements DPA process Terms and content of a DPA DPAs in practice DPAs are only available to organisations for the offences specified in the Crime and Courts Act 2013, Schedule 17 (CCA 2013). The checklist below lists the offences for which a DPA may be entered into, covering both common law and statutory offences. In addition, any offence that is ancillary to those offences is eligible for disposal by a DPA. Ancillary offences include aiding and abetting, or...

It has now been just over a year since DPAs became available, but how are they being used in practice? Just over a year on from the introduction of DPAs, how are they actually being applied? In short, there have been no concluded matters to date, though we understand negotiations are in progress in a number of high‑profile cases... What is the legal framework around DPAs? The legal basis for DPAs is contained in the Crime and Courts Act 2013, s 45 and Sch 17. These provisions outline the scheme, while operational detail is provided in joint guidance from the Serious Fraud Office (SFO) and the Crown Prosecution Service. In essence, a DPA is an arrangement between a prosecutor—most commonly the SFO—and a corporate organisation: a criminal charge is brought but not pursued provided the organisation fulfils pre‑negotiated conditions, typically including payment of a significant fine and possibly the imposition of monitoring measures. It is not an agreement that the corporate organisation will not be prosecuted... ...

In this issue: Decision to prosecute and alternatives to prosecution Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Useful information Decision to prosecute and alternatives to prosecution SFO ruling clarifies contractual treatment of DPAs On 31 January 2025, in R v Guralp Systems Ltd, the Court of Appeal determined that the Serious Fraud Office (SFO) may ask the court to bring a deferred prosecution agreement (DPA) to an end even after the date specified for its expiry. The decision confirms that the judiciary treats DPAs through the lens of contract law, construing their terms by the same canons used...

Second only in size in the UK to the 2020 global Airbus SE corruption settlement, Entain has acknowledged the corporate offence of failing to prevent bribery as part of a deferred prosecution agreement (DPA). It accepts the alleged shortcomings arising from previous GVC Holdings management missteps. Under the DPA announced on 5 December 2023, the package includes Entain’s agreement to cover HMRC and CPS investigation costs of £10m and to make a £20m charitable payment. Entain is also required to cooperate fully and in good faith with the CPS on any and all matters linked to the conduct at the centre of the underlying allegations, and to take all reasonable steps to implement revisions to its ethics and compliance programme where required. This article outlines the UK’s DPA framework and sets out practical learning points for companies facing third-party risk, with a particular focus on those operating in the betting and gaming sector. Significance of the DPA A DPA is a discretionary mechanism available in the UK to...

For guidance on what deferred prosecution agreements (DPAs) are and how they work, see Practice Note: Deferred prosecution agreements, which explains their operation. In what circumstances can a DPA be varied? The statutory power to amend a DPA sits squarely in paragraph 10 of Schedule 17 to the Crime and Courts Act 2013 (CCA 2013) itself. A DPA may require alteration in two situations: where the court invites the parties to vary the DPA under CCA 2013, Sch 17 Pt 1, para 9(3)(a), namely where the organisation has breached the agreement and the court wants the parties to put forward proposals to cure the organisation’s non-compliance, by agreement between the parties as invited by the court, accordingly (see Practice Notes: Financial penalties as a term of a DPA—Late payment and breach of a DPA and Breach of a DPA) where a variation is required to prevent the organisation failing to comply with its obligations in circumstances that were not, and could not reasonably...

What must a DPA contain? The statutory rules defining the contents of a Deferred Prosecution Agreement (DPA) appear in paragraph 5 of Schedule 17 to the Crime and Courts Act 2013 (CCA 2013). They prescribe two mandatory requirements and seven suggested terms; the latter are indicative rather than exhaustive, and the parties may agree further suitable provisions. The list of suggested terms is expressly non-exhaustive. Accordingly, the basis of the DPA and its detailed contents should be expressed with clarity, set out clearly and simply, and then put before the court for its consideration and approval. The decision in Guralp Systems Ltd v Director of the Serious Fraud Office highlights the consequences of failing to articulate DPA terms plainly and succinctly. Other appropriate terms may likewise be incorporated by agreement. Mandatory terms of a DPA Every DPA must include a Statement of Facts relating to the alleged offence. That statement can, but need not, record admissions by the organisation; this is not compulsory. See further below: DPA—Statement...

The provisions governing the format of indictments and the process for their preparation and adoption are set out in the following: the Indictments Act 1915 (IA 1915) section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (AJ(MP)A 1933) Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pts 3, 10 and 25 For details on what an indictment must include, its structure, how to address defects, and the process for amendments, see Practice Note: —content, form, defects and amendments. What is an indictment? An indictment is the official document listing the charges against a defendant, which is preferred (formally served) in the Crown Court. It is a different document from the written charge or information produced by the prosecution to commence a case in the magistrates' court. See Practice Notes: Commencing criminal proceedings—applying for the issue of a summons and Commencing criminal proceedings—written charge and requisition or single justice procedure notice. It is traditionally drafted by the prosecutor, for...