Partner David Corker has written for PLC Magazine, considering the extent to which the tenth DPA, announced on 1 July 2021, enfranchises individuals where the proposed accompanying statement of facts contends that those individuals committed criminal offences or otherwise acted dishonourably.
“These rulings have several implications. First, it will make a future refusal by the SFO to reveal to a suspect anything about a potential DPA involving their actual or former employer more difficult to sustain. The rulings provide a lever for individuals in this category to argue that they ought not to be kept in the dark because to do so would prevent them from making a submission to the DPA judge concerning how to alleviate prejudice caused by publication of an anonymised statement of facts. The nature of this prejudice clearly encompasses the fair trial rights of those who are subsequently prosecuted; it may extend to others who are not prosecuted but who consider that their reputations have been tarnished. Fairness demands that these individuals now be included in the process. A door that was firmly closed is now ajar,” writes David.
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