Deferred Prosecution Agreements

Deferred Prosecution Agreements (DPAs) were introduced in Jersey in March 2023 and are now available for corporate entities at risk of prosecution for regulatory breaches and/or financial crimes. By entering into a DPA, businesses can effectively strike a deal to avoid prosecution and the harm associated with a conviction. DPAs have been widely used in jurisdictions such as the UK and the US for some time. However, DPAs are not without their risks and businesses under investigation will need to consider carefully whether such an agreement is appropriate. The article below outlines the new DPA regime in Jersey and considers the potential advantages and risks for a business which finds itself in breach by reference to lessons learned from the UK experience.