SCHEDULES
SCHEDULE 17Deferred prosecution agreements
Part 1General
Content of a DPA
I15
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.