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.