SCHEDULES

SCHEDULE 17Deferred prosecution agreements

Part 1General

Content of a DPA

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1

A DPA must contain a statement of facts relating to the alleged offence, which may include admissions made by P.

2

A DPA must specify an expiry date, which is the date on which the DPA ceases to have effect if it has not already been terminated under paragraph 9 (breach).

3

The requirements that a DPA may impose on P include, but are not limited to, the following requirements—

a

to pay to the prosecutor a financial penalty;

b

to compensate victims of the alleged offence;

c

to donate money to a charity or other third party;

d

to disgorge any profits made by P from the alleged offence;

e

to implement a compliance programme or make changes to an existing compliance programme relating to P's policies or to the training of P's employees or both;

f

to co-operate in any investigation related to the alleged offence;

g

to pay any reasonable costs of the prosecutor in relation to the alleged offence or the DPA.

The DPA may impose time limits within which P must comply with the requirements imposed on P.

4

The amount of any financial penalty agreed between the prosecutor and P must be broadly comparable to the fine that a court would have imposed on P on conviction for the alleged offence following a guilty plea.

5

A DPA may include a term setting out the consequences of a failure by P to comply with any of its terms.