U.K. Deferred Prosecution Agreements: New Enforcement Tool or Blunt Instrument?

U.K. Deferred Prosecution Agreements: New Enforcement Tool or Blunt Instrument?


Financial Fraud Law Report
By: James Kitching and Salah Mattoo

The Crime and Courts Act 2013 (the Act) received Royal Assent in April 2013, and makes provision for the introduction of deferred prosecution agreements (DPAs) in the U.K. The relevant provisions of the Act are likely to come into force early next year. The proponents of DPAs argue that they will provide a new tool for prosecutors to encourage self-reporting, provide certainty to corporations under investigation, and promote efficiency in the criminal justice system. The opponents of DPAs highlight the statistics of their use in the U.S. to cast them as a blunt instrument of government coercion.

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