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DEFERRED PROSECUTION AGREEMENTS: COOPERATION AND CONFESSION

Published online by Cambridge University Press:  19 March 2018

Rita Cheung
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Extract

SIR Brian Leveson's approval of the third deferred prosecution agreement (DPA) in Serious Fraud Office v Rolls-Royce plc [2017] Lloyd's Rep. F.C. 249 is the most significant addition to the growing canon of case law on DPAs. This new enforcement tool was added to the UK prosecutors’ armoury by the Crime and Courts Act 2013. Following the successful use of deferrals to tackle corporate crime in the US, the Act allows an organisation to avoid prosecution for certain corporate crimes by entering into an agreement with a designated prosecutor, under court supervision, whereby prosecution is deferred pending successful compliance with certain conditions, which may include payment of a substantial fine.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 77 , Issue 1 , March 2018 , pp. 12 - 15
Copyright
Copyright © Cambridge Law Journal and Contributors 2018 

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