Deferred Prosecution Agreements

Deferred Prosecution Agreements (“DPAs”) allow organisations (but not individuals) to avoid a criminal conviction by co-operating with prosecutors, accepting wrongdoing, paying a financial penalty, and implementing compliance improvements. They are used by the Serious Fraud Office (SFO) and the Crown Prosecution Service (CPS) in cases involving alleged fraud, bribery, corruption and corporate economic crime.

 

Our specialist Regulatory & Crime Team have worked on major SFO and CPS matters, and have extensive experience advising corporates, boards and senior executives on all aspects of DPAs – from early engagement and negotiation to compliance, remediation and post-agreement obligations. 

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What is a Deferred Prosecution Agreement?

A DPA is a court-approved agreement between a prosecutor and a corporate organisation under which:

  • Prosecution is suspended for a defined period
  • The organisation agrees to specified conditions
  • The case is closed if the organisation complies fully.
Conditions may include:
  • Financial penalties and disgorgement of profits
  • Cooperation with ongoing investigations
  • Compliance enhancements and monitorship
  • Compensation to victims
  • Internal reforms and reporting obligations.

When handled correctly, DPAs can be a powerful tool to manage risk, protect business continuity and limit long-term reputational damage.

Whether you are responding to a Serious Fraud Office (SFO) probe or weighing up co-operation, we help you protect your business, reduce risk, and move fast under pressure. 

Typical scenarios leading to DPAs:
  • Bribery and corruption (UK Bribery Act 2010)
  • Fraud, false accounting and misleading statements
  • Failure to prevent bribery or fraud
  • Contracting, procurement and tendering irregularities
  • Financial crime, internal controls failures and cultural weaknesses. 

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Why choose Irwin Mitchell? 

  • Specialist Corporate Crime and Investigations Team with significant national and international experience
  • Deep understanding of SFO / CPS enforcement expectations
  • Skilled negotiators who handle complex, sensitive, and high-profile matters
  • Integrated expertise across corporate, commercial, regulatory, employment and reputation management
  • Proven ability to protect privilege, mitigate risk and secure favourable outcomes. 

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