Crime and Courts Act 2013

Code on DPAs E+W

6 (1) The Director of Public Prosecutions and the Director of the Serious Fraud Office must jointly issue a Code for prosecutors giving guidance on— E+W

(a) the general principles to be applied in determining whether a DPA is likely to be appropriate in a given case, and

(b) the disclosure of information by a prosecutor to P in the course of negotiations for a DPA and after a DPA has been agreed.

(2) The Code may also give guidance on any other relevant matter, including—

(a) the use of information obtained by a prosecutor in the course of negotiations for a DPA;

(b) variation of a DPA;

(c) termination of a DPA and steps that may be taken by a prosecutor following termination;

(d) steps that may be taken by a prosecutor when the prosecutor suspects a breach of a DPA.

(3) The Code must be set out in the report made by the Director of Public Prosecutions to the Attorney General under section 9 of the Prosecution of Offences Act 1985 for the year in which the Code is issued.

(4) The Code may from time to time be altered or replaced by agreement between—

(a) the Director of Public Prosecutions,

(b) the Director of the Serious Fraud Office, and

(c) any prosecutor who is for the time being designated by an order made under paragraph 3.

(5) If the Code is altered or replaced, the new Code must be set out in the report made by the Director of Public Prosecutions to the Attorney General under section 9 of the Prosecution of Offences Act 1985 for the year in which the Code is altered or replaced.

(6) A prosecutor must take account of the Code in exercising functions under this Schedule.

Commencement Information

I1 Sch. 17 para. 6 in force at 24.2.2014 by S.I. 2014/258, art. 2(b)