The law of corporate criminal liability does not reflect the
21st century commercial organisation. Offending in the area of
economic crime is becoming increasingly sophisticated and often
operates across different jurisdictions. This calls for
increasingly close working with international law enforcement
agencies. And this can be difficult to achieve.
The consultation paper therefore sets out
proposals for an additional tool for prosecutors, the deferred
prosecution agreement (DPA), to deal with serious economic crime
committed by commercial organisations. The MOJ believes this
proposal will overcome many of the current difficulties associated
with prosecuting commercial organisations. Currently, commercial
organisations have little incentive to self-report offending to
investigating and prosecuting agencies, especially if such
self-reporting may result in a criminal conviction and all that
Under a DPA, the prosecutor would lay, but would
not immediately proceed with, criminal charges pending successful
compliance with agreed terms and conditions stated in the DPA. The
terms and conditions might include:
payment of a financial penalty;
restitution for victims;
disgorgement of the profits of wrongdoing; and
measures to prevent future offending (a monitoring or reporting
These would be discussed and agreed between the
parties and then placed before a judge for consideration and
approval. Time limits would be attached to the terms and conditions
so that compliance can be managed and it will be clear when the
agreement should cease.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The ramifications for those found to be in civil contempt (as presided over by the High Court), and, in particular, the court’s power to enforce such a finding against a contemnor who resides overseas, are more far reaching than many (civil) lawyers realise.
The Bribery Act has made the news again following the conviction of a would be taxi driver. Earlier this week, at Minshull Street Crown Court in Manchester, Mr Mawia Mushtaq became the second person convicted of an offence under the Bribery Act by attempting to bribe a Licensing Officer.
In the previous edition of Corporate Focus we reported that the Bribery Act 2010 (the Bribery Act) came into force on 1 July 2011 and we considered procedures that commercial organisations could put into place in order to prevent bribery.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”