Tesco and the problem with DPAs

Author: IFLR Correspondent | Published: 26 Feb 2019

Norton Rose Fulbright partner Neil O’May, who represented a former Tesco senior executive in recent proceedings, queries whether it’s time to review the deferred prosecution agreement model

Deferred prosecution agreements (DPAs) have been a mainstay of recent initiatives to deter corporate offending and change companies' behaviour in the UK. They offer corporate offenders the chance to defer criminal charges provided they comply with financial penalties and other conditions agreed with a prosecuting authority. They are intended to broaden the range of tools available to prosecutors when dealing with economic crimes; namely fraud, offences under the Bribery Act 2010 and money laundering offences. They also incentivise companies to self-report wrongdoing, and are characterised as a relatively quick and certain method of disposing of criminal offending within a company....