SCHEDULES

SCHEDULE 17Deferred prosecution agreements

Part 1General

Code on DPAs

I16

1

The Director of Public Prosecutions and the Director of the Serious Fraud Office must jointly issue a Code for prosecutors giving guidance on—

a

the general principles to be applied in determining whether a DPA is likely to be appropriate in a given case, and

b

the disclosure of information by a prosecutor to P in the course of negotiations for a DPA and after a DPA has been agreed.

2

The Code may also give guidance on any other relevant matter, including—

a

the use of information obtained by a prosecutor in the course of negotiations for a DPA;

b

variation of a DPA;

c

termination of a DPA and steps that may be taken by a prosecutor following termination;

d

steps that may be taken by a prosecutor when the prosecutor suspects a breach of a DPA.

3

The Code must be set out in the report made by the Director of Public Prosecutions to the Attorney General under section 9 of the Prosecution of Offences Act 1985 for the year in which the Code is issued.

4

The Code may from time to time be altered or replaced by agreement between—

a

the Director of Public Prosecutions,

b

the Director of the Serious Fraud Office, and

c

any prosecutor who is for the time being designated by an order made under paragraph 3.

5

If the Code is altered or replaced, the new Code must be set out in the report made by the Director of Public Prosecutions to the Attorney General under section 9 of the Prosecution of Offences Act 1985 for the year in which the Code is altered or replaced.

6

A prosecutor must take account of the Code in exercising functions under this Schedule.