Deferred prosecution agreements – public consultation

Monday , 21, March 2016 Leave a comment


On 16 March 2016, the Minister for Justice released a public consultation paper on a possible Australian scheme for deferred prosecution agreements (DPAs) for serious corporate crime.

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The Australian Government is considering options to facilitate a more efficient and effective response to corporate crime by encouraging greater self-reporting by companies. A key focus of this consideration is a possible DPA scheme. A DPA is a voluntary, negotiated settlement between a prosecutor and a defendant.

Under a DPA scheme, where a company has engaged in a serious corporate crime, prosecutors would have the option to invite the company to negotiate an agreement, in return for which the prosecution would be deferred. The terms of the DPA would typically require the company to cooperate with any investigation, pay a financial penalty and implement a program to improve future compliance.

In exchange, the company can have the matter resolved without criminal conviction with any fine imposed reflecting the company’s cooperation. Upon fulfilment of the terms of the DPA, the prosecution would be discontinued.

The following consultation paper considers whether a DPA scheme should be introduced in Australia, and if so, how such a scheme could be best structured:

Making a submission

Responses to this consultation paper should be emailed to criminal.law@ag.gov.au and received no later than close of business Monday 2 May 2016. Any queries concerning this consultation process may also be directed to this email address.

Submissions may be made public on the Attorney-General’s Department website. If you do not want your submission to be made public, please mark it as confidential.

Submissions in a Microsoft Word (DOC), Rich Text Format (RTF) or TXT format, as well as PDF format are preferred.

Source : AG



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