DEFERRED PROSECUTION AGREEMENTS : THE LAW AND PRACTICE OF NEGOTIATED CORPORATE CRIMINAL PENALTIES

Deferred Prosecution Agreements is a topical guide to the brand new regime for addressing corporate liability in England and Wales. It provides a straightforward account of the development of the new rules, and will be essential for all those at the nexus of corporate crime and prosecution.

• Brings together a range of diverse materials in one useful and straightforward guide to the law and use of DPAs
• Defines the circumstances in which a DPA would be an appropriate course of action, and what processes to follow in the creation of one
• Sets out the development of the relevant legislation leading to the availability of DPAs in the UK from 2014
• Considers what constitutes corporate criminal liability and the relevant offences which might lead to the use of a DPA
• Identifies the prosecuting authorities capable of entering into a DPA
• Illustrates best practice in corporate compliance, taking into consideration the prosecutor’s criteria for decision-making where internal misconduct may have been identified
• Clearly sets out procedural requirements and published guidance, providing practical steps for corporate legal practitioners entering into negotiations leading to a DPA
• States the potential penalties and sanctions available via a DPA, and addresses the consequences of not adhering to the provisions made therein, as well as other alternative outcomes
• Takes into account the application of DPAs internationally and the potential for global settlements
• US DPAs are reviewed alongside the UK case authorities relating to corporate criminal prosecutions, grounding the UK regime against helpful comparative examples