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Crime and Courts Act 2013

Crime and Courts Act 2013 Sch 17 para 5

Sch 17 para 5

(1) A DPA must contain a statement of facts relating to the alleged offence, which may include admissions made by P. (2) A DPA must specify an expiry date, which is the date on which the DPA ceases to have effect if it has not already been terminated under paragraph 9 (breach). (3) The requirements that a DPA may impose on P include, but are not limited to, the following requirements— (a) to pay to the prosecutor a financial penalty; (b) to compensate victims of the alleged offence; (c) to donate money to a charity or other third party; (d) to disgorge any profits made by P from the alleged offence; (e) to implement a compliance programme or make changes to an existing compliance programme relating to P's policies or to the training of P's employees or both; (f) to co-operate in any investigation related to the alleged offence; (g) to pay any reasonable costs of the prosecutor in relation to the alleged offence or the DPA. The DPA may impose time limits within which P must comply with the requirements imposed on P. (4) The amount of any financial penalty agreed between the prosecutor and P must be broadly comparable to the fine that a court would have imposed on P on conviction for the alleged offence following a guilty plea. (5) A DPA may include a term setting out the consequences of a failure by P to comply with any of its terms.

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