© Getty images
Cameron Brown KC & Sam Smart assess the evolving landscape of deferred prosecution agreements
- The UK’s deferred prosecution agreement regime is evolving, with revised SFO guidance and greater CPS involvement increasing opportunities for corporates that genuinely cooperate.
- Recent cases emphasise the importance of corporate reform, strong compliance and self-reporting, while prosecutions of individuals remain challenging.
The UK’s deferred prosecution agreement (DPA) regime is potentially entering a new phase for a number of reasons. First, the changing of the guard at the Serious Fraud Office (SFO), with interim director Graham McNulty QPM appointed after the departure of Nicholas Ephgrave QPM, who steadied the ship following the departure of Lisa Osofsky. Second, the Crown Prosecution Service (CPS) in 2023 entered the DPA arena in a substantive way, concluding the second largest ever DPA at £615m. Third, a maturing body of case law and guidance has reshaped the requirements of corporate cooperation and arguably makes it more likely that corporates will be invited into a DPA.
DPAs to date
While DPAs historically involved agreements running into the hundreds
