Key takeaways:

• The draft Code proposes that it be open to prosecutors to invite a corporate to negotiate a Draft Prosecution Agreement (‘DPA’) if there is a reasonable suspicion of offending and there are reasonable grounds for believing that further investigations could provide evidence for a successful prosecution.
• An important public interest factor in favour of a DPA and against prosecution would be the corporate’s full co-operation in the prosecution of individuals responsible for the corporate’s offending.
• A DPA would almost always include requirements that the corporate pay a fine, the prosecutor’s costs and, where relevant, compensation or redress for victims.