SCHEDULE 17 Deferred Prosecution Agreements

Part 1 General

Crime and Courts Act 2013 (2013 c 22) | Legislation

Section 45 Part 1 General

Characteristics of a deferred prosecution agreement

(1) A deferred prosecution agreement (a “DPA”) is an agreement between a designated prosecutor and a person (“P”) whom the prosecutor is considering prosecuting for an offence specified in Part 2 (the “alleged offence”).

(2) Under a DPA—

(a) P agrees to comply with the requirements imposed on P by the agreement;

(b) the prosecutor agrees that, upon approval of the DPA by the court (see paragraph 8), paragraph 2 is to apply in relation to the prosecution of P for the alleged offence.

Effect of DPA on court proceedings

(1) Proceedings in respect of the alleged offence are to be instituted by the prosecutor in the Crown Court by preferring a bill of indictment charging P with the alleged offence (see section 2(2)(ba) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (bill of indictment preferred with consent of Crown Court judge following DPA approval)).

(2) As soon as proceedings are instituted under sub-paragraph (1) they are automatically suspended.

(3) The suspension may only be lifted on an application to the Crown Court by the prosecutor;