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The U.K. subsidiary of a U.S.-registered corporation has recently entered into only the second ever U.K. court sanctioned deferred prosecution agreement (DPA).

DPAs have long been a feature of the U.S. criminal corporate justice system. They recently hit the headlines with the now-infamous Yates Memorandum focusing on personal accountability of senior executives about which I have already blogged.

Their U.K. counterpart is much younger, having only been introduced onto our statute books in 2013 by the Crime and Courts Act. (I have blogged about that too).

One of the main differences between the two systems is the requirement in the U.K. to subject any proposed agreement to detailed scrutiny and approval by the courts. Now we have our second such case. Even though the full judgment has not yet been released (pending prosecution of certain individuals involved), the redacted version offers some fascinating insights into the U.K. courts’ approach.