Deferred prosecution agreement
DPAAlso called deferred prosecution, CJIP (France)
A deferred prosecution agreement is a deal between a prosecutor and a company under which criminal charges are suspended while the company meets agreed conditions. These usually include a financial penalty, compensation, cooperation and compliance reforms. If the company complies for the agreed term, the charges are dropped. If it breaches the terms, prosecution can resume.
How it works
In England and Wales, only the Serious Fraud Office and the Crown Prosecution Service can offer a DPA, and a judge must approve it as fair and in the interests of justice. The company admits a statement of facts, pays a penalty and often accepts a monitor. In the US, the Department of Justice negotiates DPAs directly and files them with the court.
DPAs matter because a criminal conviction can bar a firm from public contracts or licences. They reward self reporting and cooperation. The SFO's April 2025 guidance says a company that self reports and cooperates fully can expect an invitation to negotiate a DPA, barring exceptional circumstances. Since 1 September 2025, UK DPAs also cover the failure to prevent fraud offence.
The rules
Creates DPAs for listed economic crimes, offered by the SFO or CPS and approved by the Crown Court.
Companies, partnerships and unincorporated associations in England and WalesStates that a company that self reports and cooperates fully can expect an invitation to negotiate a DPA, barring exceptional circumstances.
Companies dealing with the SFONew corporate offence added to the list of offences that can be resolved through a DPA.
Large organisationsDescribes non-prosecution and deferred prosecution agreements as a middle ground between declination and conviction.
Companies investigated by the US Department of JusticeCommon questions
Does a DPA mean the company admits guilt?
In the UK the company agrees a statement of facts but is not convicted. In the US, DPAs usually include an admitted statement of facts. Neither results in a conviction if the terms are met.
Can individuals get a DPA?
Not in the UK. Schedule 17 of the Crime and Courts Act 2013 limits DPAs to organisations. Individual employees and directors can still be prosecuted separately for the same conduct.
How is a DPA different from a non-prosecution agreement?
Under a DPA, charges are filed with a court and then deferred. Under a non-prosecution agreement, used in the US, no charges are filed at all. Both carry conditions and penalties.
What happens if a company breaches a DPA?
The prosecutor can ask the court to end the agreement and resume the prosecution. The statement of facts agreed in the DPA can then be used as evidence against the company.
