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Vol 21 No 10 Oct/Nov 2016

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Deferred Prosecution Agreements: The Law and Practice of Negotiated Corporate Criminal Penalties (eBook)


ISBN13: 9780414049833
Published: December 2014
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Price: £123.00 + £24.60 VAT
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Deferred Prosecution Agreements is a topical guide to the brand new regime for addressing corporate liability in England and Wales. It provides a straightforward account of the development of the new rules, and will be essential for all those at the nexus of corporate crime and prosecution.

  • Brings together a range of diverse materials in one useful and straightforward guide to the law and use of DPAs
  • Defines the circumstances in which a DPA would be an appropriate course of action, and what processes to follow in the creation of one
  • Sets out the development of the relevant legislation leading to the availability of DPAs in the UK from 2014
  • Considers what constitutes corporate criminal liability and the relevant offences which might lead to the use of a DPA
  • Identifies the prosecuting authorities capable of entering into a DPA
  • Illustrates best practice in corporate compliance, taking into consideration the prosecutor’s criteria for decision-making where internal misconduct may have been identified
  • Clearly sets out procedural requirements and published guidance, providing practical steps for corporate legal practitioners entering into negotiations leading to a DPA
  • States the potential penalties and sanctions available via a DPA, and addresses the consequences of not adhering to the provisions made therein, as well as other alternative outcomes
  • Takes into account the application of DPAs internationally and the potential for global settlements
  • US DPAs are reviewed alongside the UK case authorities relating to corporate criminal prosecutions, grounding the UK regime against helpful comparative examples

Subjects:
Company Law, Criminal Law, eBooks
Contents:
Prosecuting Corporate Criminality – the background of DPAs
Corporate Criminal Liability
Application of DPAs Internationally
Crime and Courts Act 2013
Codified Procedure – the distinction with the US model
Codes and Guidance
Amenable Offences
The First Alert and the Internal Investigation
Self-reporting
The Prosecutors
The Information
Common Terms Imposed under a DPA
Court Endorsement
Breach, Variation and Elapse
Alternative Outcomes
Global Settlements
US Examples
Future Developments.

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