Deferred Justice

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Is justice deferred, justice denied? Not necessarily

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Deferred Justice

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Deferred Prosecution Agreements – Justice delayed or Justice denied?

Article Information Volume: 78 issue: 3, page s : Article first published online: June 1, ; Issue published: June 1, Abstract Abstract. Keywords Pre-trial diversion , Deferred prosecution , Negotiated justice , Cooperation , Rehabilitation. Sign Out. Email required Password required Remember me Forgotten your password?

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Forgotten your password? This perversity, rightly, led to much public comment as to how there could be such diametrically opposite outcomes, and indeed how the DPA and SoF, to which the acquitted defendants were not a party much less had a say in , were left unaltered. As a starting point, it is right to note that the defendants did in fact apply, after their acquittals, for the SoF to be redacted to remove their names.

BONANZA S9 ep.13 Justice Deferred

This was not to frustrate the publication of the DPA, but rather to amend a document which identified them as guilty which was, on its face, inconsistent with their acquittals. There are a number of reasons why a corporate such as TSL would wish to enter into a DPA, for example, to achieve expediency, certainty and reputation management.

The Legitimacy of Civil Recovery Orders and Deferred Prosecution Agreements

However, the rigidity of the statutory regime within which the DPA process is conducted and its ability to cause unfairness to individuals involved within the investigation has been highlighted by the TSL DPA. It is noteworthy that, as Sir Brian Leveson PC held, the statutory process as contained within the Crime and Courts Act not only meant that the acquitted defendants who were affected by the DPA could not apply to amend the DPA or the SoF, but further that the role of the judge with conduct of the DPA proceedings was in fact limited merely to enforcing its terms once it had been approved.

One cannot help but wonder whether in their eagerness to put in place laws allowing corporates to enter into DPAs, Parliament chose to ignore or perhaps simply gave no thought to the rights of affected individuals. But what of any other third parties in the future who may not be charged, yet are named and labelled as culpable in a DPA? Given the inherent unfairness of the DPA regime as highlighted by the TSL DPA, perhaps now is the time for Parliament to act and provide individuals in this position with an effective remedy.

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  • Justice Deferred Is Justice Denied.
  • Introduction.

Alex Swan is a solicitor at BCL with significant experience of acting in complex and high-profile criminal matters, including serious fraud and multi-jurisdictional bribery and corruption investigations.