Solicitor General Edward Garnier, presented to Parliament yesterday, a plan advocating the merits of Deferred Prosecution Agreements, which would see companies pay financial penalties in exchange for prosecutors suspending criminal proceedings.
DEFERRED PROSECUTION AGREEMENTS – NEW TOOL TO TACKLE ECONOMIC CRIME OR JUSTICE ON THE CHEAP?
Solicitor General Edward Garnier, presented to Parliament yesterday, a plan advocating the merits of Deferred Prosecution Agreements, which would see companies pay financial penalties in exchange for prosecutors suspending criminal proceedings.
Solicitor General Edward Garnier, presented to Parliament yesterday, a plan advocating the merits of Deferred Prosecution Agreements, which would see companies pay financial penalties in exchange for prosecutors suspending criminal proceedings. This is a result of Judicial criticism of the SFO for negotiating settlements with companies before bringng them to court.
Serious Fraud Office
The Serious Fraud Office (SFO) would be the main agency to use the agreements and it is no coincidence that the SFA has had it’s budget cut by approximately a third in the last four years. Consequently, advocates of DPAs argue that the end result will be the same, for example, that the Company would be fined and there would be no need for expensive investigation and litigation.
Cutting Costs
This system, advocates argue, has been in place in the USA for nearly 20 years and as well as financial penalties Companies are ordered to introduce independent monitors and overhaul compliance. However it must be one of the few areas where the legislature in this country look to the United States for guidance, perhaps not so much for Justice, but cutting costs. Justice, it would appear under this Government, is becoming an expensive commodity.
