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Deferred Prosecution Agreements

Deferred Prosecution Agreements The Law and Practice of Negotiated Corporate Criminal Penalties

Author: Polly Sprenger
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414033979
Published In: December 2014
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
From 2014 deferred prosecution agreements are available to UK prosecuting authorities as a weapon for dealing with corporate crime. This new manual provides a comprehensive guide to the new regime, explaining the legal framework, the practical and procedural issues for both prosecutors and corporations, and discussing lessons from the use of DPAs in other jurisdictions.
- Explains the legislation leading to the availability of DPAs in the UK from 2014
- Discusses the use of DPAs internationally and how the new UK system differs from that in the US
- Goes through the offences that can now lead to a DPA
- Identifies the prosecuting authorities capable of entering into a DPA and the criteria they will use in their decisionmaking
- Examines the processes involved in the creation of a DPA
- Sets out all the procedural requirements and published guidance, helping corporations negotiate effectively with prosecuting authorities
- Covers best practice in corporate compliance when internal misconduct has been identified
- Explains the penalties and sanctions available via a DPA, and the consequences of not adhering to its provisions
- Deals with DPAs and court procedures
- Covers global settlements
- Provides a set of helpful comparative examples by reviewing US DPAs alongside UK case authorities on corporate criminal prosecutions
1. Prosecuting Corporate Criminality – the background of DPAs
2. Corporate Criminal Liability
3. Application of DPAs Internationally
4. Crime and Courts Act 2013
5. Codified Procedure – the distinction with the US model
6. Codes and Guidance
7. Amenable Offences
8. The First Alert and the Internal Investigation
9. Self-reporting
10. The Prosecutors
11. The Information
12. Common Terms Imposed under a DPA
13. Court Endorsement
14. Breach, Variation and Elapse
15. Alternative Outcomes
16. Global Settlements
17. US Examples
18. Future Developments.