A Deferred Prosecution Agreement (DPA) is a voluntary agreement between an organisation and a designated prosecutor which enables the prosecutor to defer a criminal prosecution by staying an indictment on specific terms agreed with the organisation (see Practice Note: Deferred prosecution agreements). It is therefore a means of alternative disposal for criminal offences. It involves the:

1. •

   prosecutor inviting the organisation to enter negotiations for a DPA

2. •

   organisation agreeing to comply with a range of terms and conditions which are monitored

3. •

   prosecutor agreeing to start but then halt criminal proceedings for the alleged offence

4. •

   prosecutor applying to the court for approval of the DPA

No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force and is complied with. Should the organisation breach the terms of the DPA, the prosecutor may apply to the court to restart the original criminal prosecution.

DPAs are only available to organisations in respect of the offences specified under the Schedule 17 of the Crime