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Are Deferred Prosecution Agreements a Positive Step Forward?

Deferred Prosecution Agreements

Deferred Prosecution Agreements (DPA) Solicitors London

Recognised as a Legal 500 Leading Firm 2026 and included in The Times Best Law Firms 2026, with more than 40 years of expert legal practice in London, our solicitors advise companies, boards and directors facing corporate criminal investigations and Deferred Prosecution Agreement negotiations.

If your company is under investigation by the Serious Fraud Office (SFO) or the Crown Prosecution Service (CPS), or you have been invited to enter DPA discussions, call our solicitors on +44 20 7387 2032 or complete our online enquiry form for confidential advice. We act for clients across London and throughout England and Wales.

Call +44 20 7387 2032 Make a Confidential Enquiry
How We Help

Specialist DPA and Corporate Crime Solicitors

A Deferred Prosecution Agreement is now an established feature of corporate criminal enforcement in England and Wales. Introduced by Schedule 17 to the Crime and Courts Act 2013 and in force since 24 February 2014, DPAs allow an organisation facing prosecution for economic crime to reach a court-approved agreement with the prosecutor instead of standing trial.

The stakes could hardly be higher. A criminal conviction can end a company’s ability to win public contracts, trigger regulatory consequences at home and abroad, and in some cases destroy the business altogether. A DPA, by contrast, suspends the prosecution in return for compliance with agreed conditions. Deciding whether to self-report, how to cooperate and how to negotiate terms are judgements that demand experienced legal guidance from the outset.

Our financial crime solicitors advise at every stage: internal investigation, self-reporting, negotiation with the SFO or CPS, court approval and compliance with the agreement afterwards. We act for the individuals whose conduct is under scrutiny within these investigations too, a critical point given a DPA protects the company, not its people.

Why Choose Lewis Nedas Law?

Recognised for Serious and Complex Financial Crime Defence

Our credentials include:

Recognised as a Legal 500 Leading Firm 2026

Included in The Times Best Law Firms 2026

More than 40 years of expert legal practice in London

Partner-led representation in SFO, CPS and regulatory investigations

Close collaboration with leading King’s Counsel and forensic accountants

A distinguishing feature of our practice is the experience of Jeffrey Lewis, who worked in the City as an investment analyst before qualifying as a solicitor. His understanding of financial markets and commercial practice informs the firm’s practical advice to boards facing enforcement.

The Basics

What Is a Deferred Prosecution Agreement?

A DPA is an agreement between a prosecutor and an organisation charged with an economic crime such as bribery, fraud or money laundering. The company does not have to plead guilty. Instead, proceedings are suspended on terms that typically include:

Payment of a substantial financial penalty

Compensation for victims and disgorgement of profits

Cooperation with ongoing investigations, including into individuals

Implementation of a strengthened compliance programme, sometimes with external monitoring

Payment of the prosecutor’s costs

Negotiations are confidential, but no DPA takes effect until a Crown Court judge has declared, at a hearing, that the agreement is in the interests of justice and that its terms are fair, reasonable and proportionate. If the company later breaches the agreement, the prosecution can resume.

DPAs are available only to organisations. Individuals suspected of wrongdoing remain liable to prosecution, and the material a company hands over during cooperation is frequently used in cases against its own current or former staff.

Background

How DPAs Have Developed

DPAs arrived from the United States, where they have long been a standard tool of corporate enforcement. The first UK agreement was approved in 2015, and the early cases, including a technology company investigated for overseas bribery under the Bribery Act 2010, tested how the regime would work in practice.

Since then, DPAs have been used in some of the largest corporate criminal cases ever brought in this country, with penalties running to hundreds of millions of pounds in matters involving household-name companies in the aerospace, retail and banking sectors. The judiciary has scrutinised terms closely, and prosecutors have set increasingly clear expectations around self-reporting and genuine cooperation.

The debate that accompanied their introduction has never fully settled, and companies weighing their options should understand both sides of it.

The Debate

The Case For and Against DPAs

Arguments in favour

A DPA avoids the collateral damage of conviction: job losses among blameless employees, harm to shareholders and pension holders, exclusion from public procurement and the possible collapse of the business. It frees court time for cases where trial is genuinely in the public interest.

It secures compensation and reform faster than contested proceedings, which in complex fraud cases can take many years. Supporters argue that the people responsible should face prosecution as individuals, and that punishing an entire workforce for the acts of a few serves nobody.

Arguments against

Critics describe DPAs as allowing companies to pay their way out of justice, contrasting the treatment of corporations with that of low-level offenders who face court for far smaller sums. There are questions over deterrence: high-profile examples in the United States saw banks commit fresh misconduct under existing agreements, prompting concern that promises of reform lack teeth without robust external oversight.

Others respond that internal compliance, properly resourced, polices a complex business more effectively than any outsider could.

Where a company sits in this debate matters less than the practical question: on the facts of your case, is a DPA available, is it advantageous, and what will it cost to secure?

Eligibility

Is Your Company a Candidate for a DPA?

Prosecutors weigh a range of factors when deciding whether to invite DPA negotiations rather than charge. These include the seriousness of the offending, how the misconduct came to light, whether the company self-reported within a reasonable time, the quality and genuineness of cooperation, the state of the company’s compliance culture, and any history of similar conduct.

Early, privileged legal advice is decisive here. The way an internal investigation is conducted, what is disclosed and when, and how privilege is handled can determine whether the DPA route remains open. A company that destroys goodwill with the prosecutor at the start rarely recovers it.

What To Do Next

Step-by-Step: Responding to a Corporate Criminal Investigation

01

Obtain specialist advice immediately

Instruct solicitors experienced in SFO and CPS corporate investigations before taking any other step.

02

Preserve all material

Suspend routine document destruction and secure emails, records and devices. Destruction of evidence can be fatal to any DPA prospect.

03

Scope an internal investigation

Establish the facts under legal privilege, with forensic accountants where needed, before decisions on reporting are made.

04

Consider self-reporting

Timing and content are critical. A well-judged self-report strengthens the case for a DPA; a partial or late one can undermine it.

05

Manage individuals carefully

Directors and employees need separate advice. The company’s interests and theirs will often diverge.

06

Negotiate terms

Penalty levels, compensation, compliance conditions and monitorships are all negotiable within the statutory framework.

07

Prepare for court approval

The judge must be satisfied the agreement is in the interests of justice and its terms fair, reasonable and proportionate.

08

Deliver on the agreement

Breach can revive the prosecution. Compliance programmes and reporting obligations need sustained board-level attention.

Our Team

Our Corporate Crime Team

Depending on the nature of your matter, your case may be handled by Jeffrey Lewis, Siobhain Egan, Miles Herman or Keith Wood, each of whom has substantial experience of SFO investigations, corporate fraud, bribery and money laundering cases. Backed by more than 40 years of practice in London, and recognised in the Legal 500 2026 and The Times Best Law Firms 2026, the team works with leading King’s Counsel and forensic accountants in the most complex matters.

FAQ

Frequently Asked Questions

What is a Deferred Prosecution Agreement?

A court-approved agreement suspending prosecution of a company for economic crime, in return for penalties, cooperation and compliance reforms.

Can individuals get a DPA?

No. DPAs are available only to organisations. Directors and employees suspected of wrongdoing can still be prosecuted.

Does a company have to admit guilt in a DPA?

No guilty plea is required, but the company must accept a detailed statement of facts, which carries real consequences in later proceedings.

Who approves a DPA?

A Crown Court judge, who must find the agreement is in the interests of justice and that its terms are fair, reasonable and proportionate.

What happens if a company breaches a DPA?

The prosecutor can apply to the court, and the suspended prosecution may resume, alongside the reputational damage of the breach.

Speak To Our Team

Contact Our DPA Lawyers in London

If your company faces an SFO or CPS investigation, is weighing a self-report or has been invited to DPA negotiations, early specialist advice protects the business, the board and the workforce. Lewis Nedas Law is recognised as a Legal 500 Leading Firm 2026 and included in The Times Best Law Firms 2026, with more than 40 years of expert legal practice in London. Our solicitors advise companies and individuals throughout London and across England and Wales.

To speak with a member of our specialist team, call +44 20 7387 2032 or complete our online enquiry form to arrange a confidential consultation.

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