Deferred Prosecution Agreements

Posted on June 24, 2022

Deferred Prosecution Agreements (DPAs) and equivalent agreement mechanisms are alternative enforcement tools to prosecution that may be available to businesses depending on the jurisdiction in which they operate. Countries that currently have DPAs or equivalent schemes include the UK, US and Canada. This collection of resources includes foreign cases that were resolved through DPAs or equivalent schemes. These cases highlight the importance of genuine and proactive cooperation with law enforcement for businesses wanting to enter into a DPA. These resources also illustrate the benefits available for businesses that enter into DPAs and equivalent schemes. The Australian Government has proposed the introduction of an Australian DPA scheme set out in the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019. If introduced, this scheme would allow the Commonwealth Director of Public Prosecutions (CDPP) to enter into a DPA with a corporation for certain offences including foreign bribery.