The Regulatory Criminal Law in the UK: Analyzing Dissenting Factors of the Deferred Prosecution Agreements

Abstract

In this paper the inter-temporal analysis of the case law is employed to depict the trajectory of changes leading to high amount settlements for financial corporate crimes serving as a substitute for criminal prosecution and sentencing. Placed in conjunction with statutory review of historic criminal proceedings, the opportunistic behaviour of the Crown Prosecution Services is analysed. The Serious Fraud Office and its regulatory efforts to prosecute corporate crimes using Deferred Prosecution Agreement tested for the economic purpose. From its historic English traditions to punish wrongdoers until recent wrongful death cases, the reluctance of the government to sentence offenders under the criminal law is exposed. An array of reasons for abandoning the settlements is offered for the legislative review.

Keywords: prosecution, white collar crime, settlement, deferred, criminal, plea bargaining