Call us 0333 370 4333
30/08/19

Deferred Prosecution Agreements

Share

Deferred Prosecution Agreements (‘DPAs’) were introduced into the UK on 24th February 2014 under the provisions of Schedule 17 of the Crime and Courts Act 2013 (‘the Act’).

Nazaqat Maqsoom of KANGS comments generally.

Statutory Definition

The Act states:

Characteristics of a deferred prosecution agreement:

(1) A deferred prosecution agreement (a “DPA”) is an agreement between a designated prosecutor and a person (“P”) whom the prosecutor is considering prosecuting for an offence specified in Part 2 (the “alleged offence”).

(2) Under a DPA—

 (a) P agrees to comply with the requirements imposed on P by the agreement;

 (b) the prosecutor agrees that, upon approval of the DPA by the court (see paragraph 8, paragraph 2 is to apply in relation to the prosecution of P for the alleged  offence.

Key Features of a DPA

  1. A DPA is an agreement between a designated prosecutor and an organisation which could be charged with a criminal offence.

  2. Once approved by a Judge, proceedings are suspended for a defined period, provided the agreed conditions are fulfilled.

  3. A DPA is available for fraud, bribery and economic crime generally against organisations.

  4. A DPA is not available against individuals.

  5. A DPA enables a corporate body to make full reparation for criminal behaviour in a manner which avoids the effects of a conviction such as destroying the company’s business with the loss of employees’ jobs and outside investment.

  6. Such reparation is achieved by, for example, paying a financial penalty, compensation and co-operating with future prosecutions of individuals.

  7. A judge, before approving a DPA, must be satisfied that it is in the interests of justice and that its terms are ‘fair, reasonable and proportionate.'

  8. DPAs avoid lengthy and costly trials and are transparent public documents.

  9. Failure of compliance with a DPA may result in the suspension of the prosecution being lifted.

How Can We Help You?

Negotiating a DPA requires a legal team with specialist knowledge and extensive experience given the complex legal issues involved.

Our team of solicitors has a proven track record of assisting many individuals and businesses achieve the best outcome available whatever the nature of the criminal proceedings faced.

Tel:       0333 370 4333

Email: info@kangssolicitors.co.uk

We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.

Hamraj Kang

Hamraj Kang
Senior Partner

Email Phone Mobile
John Veale

John Veale
Partner

Email Phone
Nazaqat Maqsoom

Naz Maqsoom
Legal Director

Email Phone
Director Disqualification, Financial Investigations, Insolvency
Company directors and other company officers have a range of duties and obligations should their company become insolvent, regardless of whether it continues to trade or trading has stopped. Failure to comply with these obligations can result in the company liquidator or administrator i.e. the Insolvency Practitioner bringing civil claims against company directors. As explained […]
18/09/26
Account Freezing Order, Cryptocurrency, Financial Investigations, POCA
In previous articles, we have referred to the enforcement powers provided by the Proceeds of Crime Act 2002 (POCA), which enable authorised enforcement agencies such as the police, the Serious Fraud Office (SFO) and HM Revenue & Customs (HMRC), to obtain Account Freezing Orders. These Orders authorise the freezing of assets, such as cash and […]
16/09/26
Criminal Litigation, Sexual Offences
KANGS recently assisted a client in securing the withdrawal of allegations of ‘non-fatal strangulation’ made against him. Following his arrest, he was taken into police custody before being released on conditional bail, subject to a number of bail conditions. Recognising the seriousness of the allegations and the potential custodial sentence of up to five years’ […]
14/09/26

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential. Please note we do not accept legal aid instructions.

Send an enquiry

    This form is protected by Cloudfare Turnstile.
    Privacy Policy.

    Old map of Birmingham
    0333 370 4333