Paragraph 5 I1

(1)

A DPA must contain a statement of facts relating to the alleged offence, which may include admissions made by P.

(2)

A DPA must specify an expiry date, which is the date on which the DPA ceases to have effect if it has not already been terminated under paragraph 9 (breach).

(3)

The requirements that a DPA may impose on P include, but are not limited to, the following requirements—

(a)

to pay to the prosecutor a financial penalty;

(b)

to compensate victims of the alleged offence;

(c)

to donate money to a charity or other third party;

(d)

to disgorge any profits made by P from the alleged offence;

(e)

to implement a compliance programme or make changes to an existing compliance programme relating to P's policies or to the training of P's employees or both;

(f)

to co-operate in any investigation related to the alleged offence;

(g)

to pay any reasonable costs of the prosecutor in relation to the alleged offence or the DPA.

The DPA may impose time limits within which P must comply with the requirements imposed on P.

(4)

The amount of any financial penalty agreed between the prosecutor and P must be broadly comparable to the fine that a court would have imposed on P on conviction for the alleged offence following a guilty plea.

(5)

A DPA may include a term setting out the consequences of a failure by P to comply with any of its terms.

Annotations

Commencement

I1: Sch. 17 para. 5 in force at 24.2.2014 by S.I. 2014/258, art. 2(b)