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Deferred Prosecution Agreements and Directors Liability

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DPAs and directors

It is crucial, in order to identify the position of individuals, to understand the governing legal framework of DPAs. As the UK framework is heavily influenced by that in the US, the differences in scope must be determined. The US DPA framework provides a backdrop for the UK model and sits within the wider concept of pretrial diversion. Originally introduced in the US to offer alternative methods of dealing with individual wrongdoing, PDPs continue to exist within the law and allow the diversion of wrongdoers (usually for low-level offences) to rehabilitation and out of the court system. The 1974 Speedy Trial Act1 embedded a distinction between PDPs and DPAs within the law, requiring court approval of a written agreement between the prosecutor and wrongdoer.

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