- Discusses potential of three proposals made by Jonathan Fisher KC’s report, ‘Fraud in the digital age’, in July 2026: deferred prosecution for individuals, ring-fencing DPA proceeds for reinvestment in criminal justice, and financial rewards for whistleblowers.
Jonathan Fisher KC’s report, ‘Fraud in the digital age’, makes a significant number of proposals across a wide range of issues. With 47 recommendations, it covers everything from artificial intelligence (AI)-assisted disclosure to jury trials in complex fraud cases (see Jonathan Fisher KC’s article ‘Fraud in the digital age’, NLJ, 14 August 2026, p6).
Three proposals, however, catch the eye: a deferred prosecution mechanism for individuals; the ring-fencing of deferred prosecution agreement (DPA) proceeds for reinvestment into the criminal justice system; and a statutory scheme to reward whistleblowers financially.
As is probably reflective of all the 47 recommendations, each responds to a genuine problem but faces hurdles to being implemented.
A DPA regime for individuals
DPAs have been available to corporates
