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Second DPA sets legal precedent: new principles for public interest consideration


Earlier this month, Southwark Crown Court approved the second deferred prosecution agreement (DPA) in relation to offences of bribery and corruption. The judgment is significant as it sets down new principles for considering whether a DPA is in the public interest.

The charges in this case were brought under both the 'new' Bribery Act 2010 and the previous 'old' legislation governing such offences. The reason for charges under the different criminal regimes for bribery and corruption was because the offences covered a period which both pre-dated and post-dated the effective date of the Bribery Act.

The parties’ names have been anonymised due to ongoing related legal proceedings, and for the time being, it will not be possible to publish details of the DPA itself, nor the accompanying statement of facts. However, this briefing looks at the conclusions that can be drawn from the information currently available.

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