SCHEDULES

SCHEDULE 17Deferred prosecution agreements

Part 2Offences in relation to which a DPA may be entered into

Statutory offences

I117

An offence under any of the following sections of the Theft Act 1968—

a

section 1 (theft);

b

section 17 (false accounting);

c

section 20 (suppression etc of documents);

d

section 24A (dishonestly retaining a wrongful credit).

I218

An offence under any of the following sections of the Customs and Excise Management Act 1979—

a

section 68 (offences in relation to exportation of prohibited or restricted goods);

b

section 167 (untrue declarations etc);

c

section 170 (fraudulent evasion of duty etc).

I319

An offence under any of the following sections of the Forgery and Counterfeiting Act 1981—

a

section 1 (forgery);

b

section 2 (copying a false instrument);

c

section 3 (using a false instrument);

d

section 4 (using a copy of a false instrument);

e

section 5 (offences relating to money orders, share certificates, passports etc).

I420

An offence under section 450 of the Companies Act 1985 (destroying, mutilating etc company documents).

I521

An offence under section 72 of the Value Added Tax Act 1994 (fraudulent evasion of VAT).

I622

An offence under any of the following sections of the Financial Services and Markets Act 2000—

a

section 23 (contravention of prohibition of carrying on regulated activity unless authorised or exempt);

b

section 25 (contravention of restrictions on financial promotion);

c

section 85 (prohibition of dealing etc in transferable securities without approved prospectus);

d

section 346 (provision of false or misleading statements to auditor or actuary);

e

section 397 (misleading statements and practices);

f

section 398 (misleading the FSA).

I723

An offence under any of the following sections of the Proceeds of Crime Act 2002—

a

section 327 (concealing etc criminal property);

b

section 328 (arrangements facilitating acquisition etc of criminal property);

c

section 329 (acquisition, use and possession of criminal property);

d

section 330 (failing to disclose knowledge or suspicion of money laundering);

e

section 333A (tipping off).

I824

An offence under any of the following sections of the Companies Act 2006—

a

section 658 (general rule against limited company acquiring its own shares);

b

section 680 (prohibited financial assistance);

c

section 993 (fraudulent trading).

I925

An offence under any of the following sections of the Fraud Act 2006—

a

section 1 (fraud);

b

section 6 (possession etc of articles for use in frauds);

c

section 7 (making or supplying articles for use in frauds);

d

section 11 (obtaining services dishonestly).

I1026

An offence under any of the following sections of the Bribery Act 2010—

a

section 1 (bribing another person);

b

section 2 (being bribed);

c

section 6 (bribery of foreign public officials);

d

section 7 (failure of commercial organisations to prevent bribery).

F126A

1

An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.

2

An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.

3

An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).

4

An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.

5

An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.

6

In this paragraph—

  • EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);

  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

I1127

An offence under regulation 45 of the Money Laundering Regulations 2007 (S.I. 2007/2157).