Pros And Cons Of Deferred Prosecution Agreement

The government hopes that data protection authorities will encourage organisations to engage and cooperate at an early stage with the SFO/CPS in order to achieve a better outcome. In doing so, they avoid costly and time-consuming review and then procedures that are uncertain, time-consuming, and reputational detrimental. For the prosecutor, it is to be hoped that the data protection authorities: free up resources; promote self-reporting and thus the detection of greater business-related crime, resulting in increased corporate accountability; and generate revenue from penalties (although it is said that in itself this would not be an excuse to use a DPA through criminal prosecution). Australia is constantly striving to improve its approach to tackling business economic crime. A new approach under consideration is the introduction of prosecution agreements (DPAs). As the name suggests, a Deferred Prosecution Agreement (DPA) is a voluntary agreement between a prosecutor and a defendant organization, in which prosecutions for alleged offenses are postponed in exchange for the organization`s agreement to meet certain conditions. .

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