5(1)A DPA must contain a statement of facts relating to the alleged offence, which may include admissions made by P.E+W
(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.
Commencement Information
I1Sch. 17 para. 5 in force at 24.2.2014 by S.I. 2014/258, art. 2(b)