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Deferred Prosecution Agreements entered into to date—checklist

Deferred Prosecution Agreements entered into to date—checklist A Deferred Prosecution Agreement (DPA) is a voluntary agreement between an organisation and a designated prosecutor which enables the prosecutor to defer a criminal prosecution by staying an indictment on specific terms agreed with the organisation (see Practice Note: Deferred prosecution agreements). It is therefore a means of alternative disposal for criminal offences. It involves the: • prosecutor inviting the organisation to enter negotiations for a DPA • organisation agreeing to comply with a range of terms and conditions which are monitored • prosecutor agreeing to start but then halt criminal proceedings for the alleged offence • prosecutor applying to the court for approval of the DPA No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force and is complied with. Should the organisation breach the terms of the DPA, the prosecutor may apply to the court to restart the original criminal prosecution. DPAs are only available to organisations in...

Offences for which a DPA may be entered into—checklist

Offences for which a DPA may be entered into—checklist A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to enable the latter to defer a prosecution by staying an indictment on specific terms. No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force. A DPA therefore allows a company to continue without the threat of a lengthy criminal investigation and a costly prosecution hanging over it. For detailed information on DPAs, see Practice Notes: • Deferred prosecution agreements • DPA process • Terms and content of a DPA • DPAs in practice DPA’s are only available to organisations in respect of the offences specified under the Crime and Courts Act 2013, Sch 17 (CCA 2013). The checklist below, lists the offences for which a DPA may be entered into, including common law and statutory offences. In addition to the offences below, any offence that is ancillary to those listed below,...

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False accounting and false statements under TA 1968

False accountingA person who, with a view to gain for themselves or another or with intent to cause loss to another, falsifies or conceals information required for an accounting purpose, knowing that the information is misleading, may commit an offence of false accounting. The offence can be committed in one of two ways:•by falsifying documents for an accounting purpose, or•using false or misleading documents for any purposeThe elements of the offence are made out when a person, with a view to gain for themselves or another or with intent to cause loss to another, either:•dishonestly destroys, defaces, conceals or falsifies any account, record or document required for any accounting purpose, or•produces or makes use of any account, record or document for any purpose which they know is or may be false, misleading or deceptive in a material wayA person who concurs in making an account, document or entry which is or may be misleading, false or deceptive in a material way or who omits a material item from an account...

Reporting on payment practices and performance: criminal offences

Reporting on payment practices and performance: criminal offences This Practice Note sets out and examines the criminal offences created by the Reporting on Payment Practices and Performance Regulations 2017 (RPPPR 2017), SI 2017/395 (as amended by the Reporting on Payment Practices and Performance (Amendment) Regulations 2024 (RPPPR 2024), SI 2024/444) and the Limited Liability Partnerships (Reporting on Payment Practices and Performance) Regulations 2017 (LLP(RPPP)R 2017), SI 2017/425 (as amended by the Reporting on Payment Practices and Performance (Amendment) Regulations 2025 (RPPPR 2025), SI 2025/75), together known as 'the Regulations'. The RPPPR 2024, SI 2024/444 amend the RPPPR 2017, SI 2017/395, principally in connection with the information that qualifying entities must publish for financial years starting on or after 1 January 2025. The RPPPR 2025, SI 2025/75 have introduced changes regarding practices, policies, and performance related to retention clauses in qualifying construction contracts with suppliers for financial years beginning on, or after, 1 April 2025. For an explanation of the requirements of the RPPPR 2017, SI 2017/395 and the LLP(RPPP)R...

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Fraud risk management—code of ethics

Fraud risk management—code of ethics [Insert organisation name] takes great pride in the way we conduct our business. Our Code of ethics embodies the standards and policies under which we operate. It applies to us all. Please take care to read the Code, understand it and use it to guide you in your work. If you have any questions about the Code and its application, you should speak with [insert contact details]. 1 What is fraud? 1.1 Generally, fraud is a crime that involves deception or theft to gain an advantage. 1.2 The failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) captures a wide range of fraud offences committed for the benefit of our organisation, including: 1.2.1 fraud by false representation; 1.2.2 fraud by failing to disclose information; 1.2.3 fraud by abuse of position; 1.2.4 obtaining services dishonestly; 1.2.5 participation in a fraudulent business; 1.2.6 false statements by company directors; 1.2.7 false accounting; 1.2.8 fraudulent trading; and 1.2.9 cheating the public revenue....

Corporate criminal liability—code of ethics

Corporate criminal liability—code of ethics 1 Introduction 1.1 [Insert organisation name] takes great pride in the way we conduct our business. Our Code of ethics embodies the standards and policies under which we operate. It applies to us all. Please take care to read the Code, understand it, and use it to guide you in your work. If you have any questions about the Code and its application, you should speak with [insert, eg your manager]. 1.2 [Insert organisation name] has a zero tolerance towards employees committing criminal acts. 1.3 From 26 December 2023, the Economic Crime and Corporate Transparency Act 2023 provides that where a senior manager, acting within the actual or apparent scope of their authority, commits a relevant offence, the organisation is also guilty of the offence. 2 Senior manager 2.1 A senior manager is someone who plays a significant role in: 2.1.1 making decisions about how the whole or a substantial part of the activities of the organisation are to be managed or organised; or 2.1.2...

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A deed of covenant has been executed in counterpart. One party has executed an old version of the document, the other has executed the final agreed version of the document. As a result the completed counterparts do not match. How can the incorrect counterpart be dealt with?

A deed of covenant has been executed in counterpart. One party has executed an old version of the document, the other has executed the final agreed version of the document. As a result the completed counterparts do not match. How can the incorrect counterpart be dealt with? Execution of a deed To execute a deed in counterpart, the parties must sign identical copies of the document and exchange them with each other. Combined, these counterparts are treated as a single document which takes effect as a deed. In this scenario, one party has made an error in executing its counterpart and as a result the deed is invalid. How this situation can be dealt with depends on the context of the scenario and the relationship between the parties. If the parties are in agreement that the second document is the final agreed version and a mistake has been made, it may be possible to rectify the situation by re-executing the deed. Re-execution The most straightforward solution is for the parties...

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Failure to prevent fraud—Statutory guidance

Corporate Crime analysis: Following a wait of nearly 12 months since the failure to prevent fraud (FTPF) offence was enacted, the government has now issued the statutory guidance on the procedures which companies are expected to implement for the purpose of preventing the relevant underlying fraudulent conduct by persons associated with them and, where such conduct occurs, providing a potential defence to the offence . Written by John Binns and Alexander Gorst at BCL Solicitors LLP.

Five lessons for lawyers from the UK government anti-fraud advice

Law360, London: Britain's largest companies face a challenge after being given ten months to build safety rails to stop their employees committing fraud, lawyers say, after the government released advice on how they should comply with landmark anti-fraud legislation.