Deferred Prosecution Agreements Code of Practice – Crime and Courts Act 2013
Deferred prosecution agreements (DPAs) are a relatively new concept in the UK legal system. Introduced to the UK legal system in 2013 by the Crime and Courts Act, DPAs were designed to provide a means of resolution for companies facing criminal charges, while at the same time encouraging them to take positive steps to prevent future wrongdoing. However, the use of DPAs has been controversial, with critics arguing that they allow companies to avoid criminal sanctions and undermine the principle of equal justice before the law.
The Crime and Courts Act 2013 sets out the legal framework for DPAs. A DPA is an agreement between a company and the prosecutor, whereby the prosecutor agrees to defer prosecution of the company for a specified period of time, subject to certain conditions. If the company complies with the conditions set out in the DPA, the prosecutor will drop the charges.
The conditions of a DPA can include a requirement for the company to pay a financial penalty, compensate victims, implement a compliance program, or cooperate with investigations. In addition, the DPA may require the company to submit to regular monitoring by an independent expert.
The use of DPAs has been controversial, with some critics arguing that they allow companies to avoid criminal sanctions and undermine the principle of equal justice before the law. However, supporters of DPAs argue that they provide a means of resolution for companies facing criminal charges, while at the same time encouraging them to take positive steps to prevent future wrongdoing. In addition, DPAs can be a more efficient use of prosecutorial resources, particularly in cases involving complex financial crimes.
In order to address concerns about the use of DPAs, the UK government has introduced a Code of Practice for DPAs. The Code sets out the procedures to be followed when negotiating and implementing a DPA, as well as the criteria to be used when deciding whether to offer a DPA.
The Code of Practice emphasizes the importance of transparency, fairness, and public interest in the use of DPAs. For example, the Code requires that the prosecutor must consider the impact of the DPA on the victims of the crime, and must consult with them before offering a DPA. In addition, the Code requires that DPAs must be approved by a judge, who must consider whether the DPA is in the public interest, and whether it is fair and reasonable.
Overall, the introduction of DPAs in the UK legal system has been controversial. While supporters argue that they provide a means of resolution for companies facing criminal charges, critics argue that they allow companies to avoid criminal sanctions and undermine the principle of equal justice before the law. However, the introduction of a Code of Practice for DPAs provides a framework for their use that emphasizes the importance of transparency, fairness, and public interest. It remains to be seen how effective the use of DPAs will be in practice, and whether the concerns of critics will be addressed by their use.