Publication Type

Journal Article

Version

publishedVersion

Publication Date

8-2019

Abstract

Originating from the US, deferred prosecution agreements (“DPAs”) have made their way to the UK through the Crime and Courts Act 2013 and Singapore through the Criminal Justice Reform Act 2018. The Singapore model for approval of DPAs draws heavily from the UK and both require proof to a court that DPAs are in the “interests of justice” and that their terms are “fair, reasonable and proportionate” before DPAs can be approved. This paper considers the theoretical basis for the court’s approval of DPAs, critically examines the application of the tests for approval of DPAs in the UK and considers Singapore’s likely approach. Where appropriate, it also draws on the experience of the US and identifies lessons that can be learnt for Singapore.

Keywords

deferred prosecution agreements, evidence, criminal procedure, corporate crime

Discipline

Criminal Law | Criminal Procedure

Research Areas

Dispute Resolution

Publication

International Commentary on Evidence

Volume

16

First Page

1

Last Page

16

ISSN

1554-4567

Identifier

10.1515/ice-2019-0002

Publisher

De Gruyter

Additional URL

https://doi.org/10.1515/ice-2019-0002

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