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Deferred Prosecution Agreements in the UK: Draft Code of Practice Published
3 July 2013
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.
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