A deferred prosecution agreement is a voluntary agreement between prosecution and defendant in order to have their charges cleared as long as they meet and comply with certain requirements. Typically a US-based practice, this is also now used a fair amount in the UK. Seeking the advice of deferred prosecution agreement lawyers is highly recommended for more information, as they have the knowledge and expertise of this practice.
The main reason that DPAs have backing from many UK organisations is that they reduce the costs of lengthy trials, an impact which can be felt by the general public. One organisation that has especially backed use of the practice is the SFO (Serious Fraud Office) – most notably because fraud cases are notorious for their length and complexity. High profile cases are often dealt with by serious fraud lawyers, as large organisations can be involved, leading to huge costs and damaged reputation. A DPA would reduce the risk of these problems.
An example of a typical DPA might be where a defendant agrees to pay fines and enact organisation reforms in return for the trial to be dismissed. The general feel is that this would encourage corporations to focus on reforming and addressing problems rather than just being punished. In a nutshell, it is hoped to discourage repeat offences. There is also the advantage that it encourages businesses to be forthcoming with unlawful practices, especially if there is support for them to enact reforms.
DPAs shouldn’t be looked upon as a ‘get off scot free’ as such, there is also a probationary period involved, during which the defendant must not break the requirements of the deferral, otherwise prosecution would be the next step. Criminal sanctions can also be devastating for ‘innocent bystanders’ – something that would be reduced or even eliminated by a DPA.
DPAs might not be applicable in all cases as some have noted though, especially where the crime is so severe that sanction is the only option. In cases where companies acknowledge their wrong doing and want to reform though, DPA shows its advantages. In summary, the introduction of deferred prosecution agreements is hoped to reduce risks applied to innocents, save on enormous trial costs that are often passed down to the public, and encourage organisations to make positive reforms within their businesses.
Deferred prosecution agreement lawyers deal with the handling of DPAs, which are becoming particularly more focused on in more countries, not only the US. Speak to Lewis Nedas for expert advice from economic crime defence lawyers
