Deferred Prosecution Agreement in the Uk

Deferred Prosecution Agreement (DPA) is a legal mechanism used by corporations in the United Kingdom to avoid prosecution for certain criminal offenses. It was introduced in the UK in 2014 as part of the Crime and Courts Act to address corporate wrongdoing, including bribery and financial fraud.

Under a DPA, a corporation admits to wrongdoing and agrees to specific terms and conditions in exchange for the prosecutor deferring criminal charges. The terms and conditions typically include payment of fines, compensation to victims, and implementation of measures to prevent similar offenses in the future.

DPAs are only available in certain circumstances, including when a corporation has cooperated with the investigation, taken remedial action to address the wrongdoing, and is willing to admit to the offense. DPAs are also subject to judicial oversight, and a court must approve the terms and conditions of the agreement.

DPAs have been used in a number of high-profile cases in the UK, including against Rolls-Royce and Tesco. In the Rolls-Royce case, the company admitted to bribing foreign government officials and agreed to pay a fine of £671 million. In the Tesco case, the company admitted to false accounting and agreed to pay a fine of £129 million.

DPAs have been criticized by some as letting corporations off too lightly, but supporters point out that they allow for faster resolution of cases and provide a means for corporations to take responsibility for their actions.

Overall, DPAs are an important tool in the fight against corporate wrongdoing in the UK. They provide a means for corporations to take responsibility for their actions and prevent future offenses while also avoiding the potentially devastating consequences of criminal prosecution.