New Law Journal

A deferred prosecution agreement (DPA) is a means by which a prosecutor can resolve allegations of certain types of criminal behaviour by a corporation (Crime and Courts Act 2013, Sch 17).

Authors: Eoin O'Shea Emma Shafton

Instead of a prosecution and trial, the corporation agrees to disgorge any gains and pay additional penalties. It promises future good behaviour including, often, assisting prosecutors to investigate others. A prosecution is deferred pending fulfilment of these commitments. There have been five such DPAs so far, all proposed by the Serious Fraud Office (SFO) and approved of by the courts. The most recent, involving Serco Geographix Ltd, was issued last month (Serious Fraud Office v Serco Geographix Ltd, Southwark Crown Court 04/07/2019, (William Davis J)).