Terms and content of a DPA


Published by a 亚洲色情网 Corporate Crime expert
Practice notes

Terms and content of a DPA


Published by a 亚洲色情网 Corporate Crime expert

Practice notes
imgtext

Forthcoming change: the Serious Fraud Office (SFO) is in the process of updating its guidance on DPAs which is expected to be published in 2025 (see Collection: Guidance for corporates). This Practice Note will be updated once the new guidance on DPAs is published.

What must a DPA contain?

The statutory Requirements for the content of a Deferred Prosecution Agreement (DPA) are found in paragraph 5 of Schedule 17 of the Crime and Courts Act 2013 (CCA 2013). There are two mandatory requirements and seven suggested terms, although the latter list is non-exhaustive and it is possible for the parties to agree other appropriate terms. The basis of the DPA and the contents will therefore be set out clearly (to avoid any ambiguity resulting in a subsequent breach) and submitted to the court for its consideration and approval.

Mandatory terms of a DPA

A DPA must contain a Statement of Facts relating to the alleged offence, which may include admissions made by the organisation but this is not compulsory. See further below: DPA鈥擲tatement of facts.

Should

Powered by Lexis+庐
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Requirements definition
What does Requirements mean?

A DCO should include 鈥淩equirements鈥 to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

Read more readmore

Popular documents

Late payment penalties鈥攊nheritance tax

Late payment penalties鈥攊nheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT鈥攑ayment deadlines on death鈥擨nterest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Glossary鈥擫atin legal terms

Glossary鈥擫atin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin