DOCSLIB.ORG

Deferred Prosecution Agreements Code of Practice Crime and Courts Act 2013

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Deferred Prosecution Agreements Code of Practice Crime and Courts Act 2013 Deferred Prosecution Agreements Code of Practice Crime and Courts Act 2013 DPA CoP crime and coruts act 2013V1 11.2.14 Deferred Prosecution Agreements Code of Practice Crime and Courts Act 2013 1. Whether a Deferred Prosecution Agreement (DPA) is a possible disposal of alleged criminal conduct 3 2. Factors that the prosecutor may take into account when deciding whether to enter into a DPA 4 3. Process for invitation to enter into negotiations 7 4. Subsequent use of information obtained by a prosecutor during the DPA negotiation period 9 5. Unused Material and Disclosure 10 6. Statement of facts 11 7. Terms 12 8. Financial Penalty 16 9. Preliminary hearing(s) 17 10. Application for Approval 17 11. Declaration in Open Court 18 12. Breach of a DPA 19 13. Variation of a DPA 20 14. Discontinuance 21 15. Applications in Private 21 16. Publishing decisions and postponement 22 1 Introduction This Deferred Prosecution Agreement Code of Practice (“DPA Code”) is issued by the Director of Public Prosecutions and Director of the Serious Fraud Office pursuant to paragraph 6(1) of Schedule 17 to the Crime and Courts Act 2013 (“the Act”). Prosecutors should have regard to this DPA Code when: i. Negotiating Deferred Prosecution Agreements (“DPAs”) with an organisation (“P”) whom the prosecutor is considering prosecuting for an offence specified in the Act; ii. Applying to the court for the approval of a DPA; and iii. Overseeing DPAs after their approval by the court, in particular in relation to variation, breach, termination and completion. 2 is a possible disposal of alleged criminal conduct 1.6 If a DPA is considered appropriate by the 1.1. A DPA is a discretionary tool created by the relevant Director, having determined that Act to provide a way of responding to alleged either limb of the evidential stage is met, criminal conduct. The prosecutor may invite and that the public interest is best served by P to enter into negotiations to agree a DPA as entering into a DPA, the prosecutor will an alternative to prosecution. (where the court approves the DPA) prefer an indictment. The indictment will however 1.2. In order to enter a DPA the prosecutor is to then immediately be suspended pending the apply the following two stage test. satisfactory performance, or otherwise, of the Prosecutors must be satisfied and record that: DPA. EVIDENTIAL STAGE 1.7 In cases where neither limb of the evidential stage can be met by the conclusion of i. Either: any DPA negotiations and it is not considered a) the evidential stage of the Full Code Test in appropriate to continue the criminal the Code for Crown Prosecutors is satisfied or, investigation, the prosecutor should consider if this is not met, that whether a Civil Recovery Order is appropriate. b) there is at least a reasonable suspicion based Attention is drawn to the Attorney General’s upon some admissible evidence that P has guidance to prosecuting bodies on their asset committed the offence, and there are recovery powers under the Proceeds of Crime reasonable grounds for believing that a Act 2002, issued 5 November 2009. continued investigation would provide further admissible evidence within a reasonable period of time, so that all the evidence together would be capable of establishing a realistic prospect of conviction in accordance with the Full Code Test. And PUBLIC INTEREST STAGE ii. The public interest would be properly served by the prosecutor not prosecuting but instead entering into a DPA with P in accordance with the criteria set out below. 1.4 The Prosecutor should first consider whether the test in paragraph 1.2 i a) is met. If it is not met consideration may be given to the test under paragraph 1.2 i b). 1.5 For the purposes of 1.2 i b) a reasonable time period will depend on all the facts and circumstances of the case, including its size, type and complexity. 3 2. Factors that the prosecutor may take into account when deciding whether to enter into a DPA NEGOTIATIONS iii. Bribery Act 2010: Joint Prosecution Guidance (“the Bribery Act Guidance”); 2.1 An invitation to negotiate a DPA is a matter for the prosecutor’s discretion. P has no right iv. The DPA Code. to be invited to negotiate a DPA. The SFO and the CPS are first and foremost prosecutors 2.4 Where either limb of the evidential stage and it will only be in specific circumstances is passed, the prosecutor must consider deemed by their Directors to be appropriate whether or not a prosecution is in the public that they will decide to offer a DPA instead interest. The more serious the offence, the of pursuing the full prosecution of the alleged more likely it is that prosecution will be conduct. In many cases, criminal prosecution required in the public interest. Indicators of will continue to be the appropriate course seriousness include not just the value of any of action. An invitation to enter DPA gain or loss, but also the risk of harm to discussions is not a guarantee that a DPA will the public, to unidentified victims, be offered at the conclusion of the shareholders, employees and creditors and to discussions. the stability and integrity of financial markets and international trade. The impact of the 2.2 Where the prosecutor is satisfied that: offending in other countries, and not just the consequences in the UK, should be taken i. either the evidential stage of the Full Code into account. Test in the Code for Crown Prosecutors is met, or there is a reasonable suspicion based upon 2.5 Prosecutors must balance factors for and some admissible evidence that P has against prosecution carefully and fairly. Public committed an offence; interest factors that can affect the decision to prosecute usually depend on the seriousness ii. the full extent of the alleged offending has of the offence, which includes the culpability been identified; of P and the harm to the victim. and A prosecution will usually take place unless there are public interest factors against iii. the public interest would likely be met prosecution which clearly outweigh those by a DPA, tending in favour of prosecution. then the prosecutor may initiate DPA 2.6 In applying the public interest factors when negotiations with any P who is being considering whether to charge, seek to investigated with a view to prosecution in enter a DPA or take no further criminal action connection with an offence specified in the prosecutor undertakes a balancing the Act. exercise of the factors that tend to support prosecution and those that do not. This is an 2.3 When considering whether a DPA may exercise of discretion. Which factors are be appropriate the prosecutor will have regard considered relevant and what weight is given to existing Codes of Practice and Guidance, in to each are matters for the individual particular: prosecutor. It is quite possible that one public interest factor alone may outweigh a number i. The Code for Crown Prosecutors; of other factors which tend in the opposite direction. Decisions will be made on an ii. The Joint Prosecution Guidance on Corporate individual case by case basis. Prosecutions (“the Corporate Prosecution Guidance”); 4 2. Factors that the prosecutor may take into account when deciding whether to enter into a DPA 2.7 Prosecutors should have regard when v. Failure to notify the wrongdoing within considering the public interest stage to the reasonable time of the offending conduct1 UK’s commitment to abide by the OECD coming to light. Convention on “Combating Bribery of Foreign Public Officials in International vi. Reporting the wrongdoing but failing to verify Business Transactions” in particular Article 5. it, or reporting it knowing or believing it to be Investigation and prosecution of the bribery inaccurate, misleading or incomplete. of a foreign public official should not be influenced by considerations of national vii. Significant level of harm caused economic interest, the potential effect upon directly or indirectly to the victims of the relations with another State or the identity of wrongdoing the natural or legal persons involved. or a substantial adverse impact to the integrity or confidence of markets, local or national 2.8 The prosecutor should have regard to the governments. public interest factors set out in the Code for Crown Prosecutors. In addition the following 2.8.2 Additional public interest factors against non-exhaustive factors will be of relevance in prosecution deciding whether a prosecution is appropriate or not in order to satisfy the public interest: i. Co-operation: Considerable weight may be given to a genuinely proactive approach 2.8.1 Additional public interest factors in favour of adopted by P’s management team when the prosecution offending is brought to their notice, involving within a reasonable time of the offending i. A history of similar conduct (including prior coming to light reporting P’s offending criminal, civil and regulatory enforcement otherwise unknown to the prosecutor and actions against P and/or its directors/partners taking remedial actions including, where and/or majority shareholders). Failing to appropriate, compensating victims. In applying this factor the prosecutor needs to establish prosecute in circumstances where there have whether sufficient information about the been repeated or serious breaches of the law operation and conduct of P has been may not be a proportionate response and may supplied in order to assess whether P has not provide adequate deterrent effects. been co-operative. Co-operation will include identifying relevant witnesses, disclosing their ii. The conduct alleged is part of the established accounts and the documents shown to them.
Load more

Recommended publications
  • Sweetheart Deals, Deferred Prosecution, and Making a Mockery of the Criminal Justice System: U.S. Corporate Dpas Rejected on Many Fronts
    Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 12-2018 Sweetheart Deals, Deferred Prosecution, and Making a Mockery of the Criminal Justice System: U.S. Corporate DPAs Rejected on Many Fronts Peter Reilly Texas A&M University School of Law, [email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Criminal Law Commons, Criminal Procedure Commons, and the Law and Society Commons Recommended Citation Peter Reilly, Sweetheart Deals, Deferred Prosecution, and Making a Mockery of the Criminal Justice System: U.S. Corporate DPAs Rejected on Many Fronts, 50 Ariz. St. L.J. 1113 (2018). Available at: https://scholarship.law.tamu.edu/facscholar/1298 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. SWEETHEART DEALS, DEFERRED PROSECUTION, AND MAKING A MOCKERY OF THE CRIMINAL JUSTICE SYSTEM: U.S. Corporate DPAs Rejected on Many Fronts Peter R. Reilly* Corporate Deferred Prosecution Agreements (DPAs) are contracts negotiated between the federal government and defendants to address allegations of corporate misconduct without going to trial. The agreements are hailed as a model of speedy and efficient law enforcement, but also derided as making a “mockery” of America’s criminal justice system stemming from lenient deals being offered to some defendants. This Article questions why corporate DPAs are not given meaningful judicial review when such protection is required for other alternative dispute resolution (ADR) tools, including plea bargains, settlement agreements, and consent decrees.
    [Show full text]
  • CHAPTER 7 CRIMINAL CASE DISPOSITIONS I. Dispositions and Domestic Violence
    CHAPTER 7 CRIMINAL CASE DISPOSITIONS In Washington, the law governing sentencing and other dispositional matters is generally the same in domestic violence cases as it is in other criminal prosecutions. Washington’s general provisions are covered in other publications, and the discussion need not be repeated here. In superior court, see Washington State Judges Benchbook, Criminal Procedure, Superior Court and the Adult Sentencing Manual, which is issued annually by the Sentencing Guidelines Commission. In courts of limited jurisdiction, see Washington State Judges Benchbook, Criminal Procedure, Courts of Limited Jurisdiction. These books cover in detail matters such as: Constitutional provisions, statutes, and court rules Respective rights of defendant and State Pre-sentence investigation and report Forms of sentences, imprisonment, community service, treatment, etc. Mitigating and aggravating circumstances Exceptional sentences outside standard range Credit for time served Consecutive and concurrent sentences Restitution and costs Assessments in addition to fines, restitution, and costs Other assessments Procedure at sentencing hearing Probation, suspended sentences, and deferred sentences Scripts for judges In this domestic violence manual, the discussion focuses on the special considerations that should be taken into account in domestic violence cases. I. Dispositions and Domestic Violence Stopping domestic violence requires changing both behaviors and belief systems. Perpetrators are more likely to change when they have several experiences of being held accountable. Domestic violence is learned through a variety of experiences and stopping it requires a variety of experiences. It is not arrest alone, or prosecution alone, or conviction alone, or perpetrator treatment alone that brings about change, but rather, a combination of these experiences.
    [Show full text]
  • Global Investigations Guide: Eurasia with Contributions From
    Global Investigations Guide: Eurasia With contributions from BGI Legal Centil Law Firm Concern Dialog Law Firm GRATA International Kalikova & Associates Kosta Legal MGB Law Offices Popa & Associates Sayenko Kharenko Sorainen Unicase Law Contents Introduction 5 Editors 10 Guide questions 12 Armenia 15 Azerbaijan 25 Belarus 37 Georgia 51 Kazakhstan 63 Kyrgyz Republic 72 Moldova 83 Russia 93 Tajikistan 105 Turkmenistan 112 Ukraine 119 Uzbekistan 131 12 Hogan Lovells Guide questions 1. What are the laws relating to anti-corruption, bribery, and money laundering in your country? 2. Do the following persons or bodies have the right to be informed, or is the company obliged to inform the following persons/bodies, about an internal investigation before it is commenced? Do they have the right to participate in the investigation (e.g., in interviews)? a. Employee representative bodies, such as a works council or union. b. Data protection officer or data privacy authority. c. Other local authorities. What are the consequences of non-compliance? 3. Do employees have a duty to support the investigation, for instance by participating in interviews? Is there anything a company can do to require employees to support an investigation (e.g., advance consents)? Can companies impose disciplinary measures if an employee refuses to cooperate? 4. Can any labor law deadlines or statute of limitations be triggered, or any rights to sanction employees be waived, by investigative actions? How can this be avoided? 5. Are there relevant data privacy laws, state secret laws, or blocking statutes in your country that have to be taken into account before: a.
    [Show full text]
  • Comparative Study on the Workload of Public Prosecutors in Selected Council of Europe Member States
    COMPARATIVE STUDY ON THE WORKLOAD OF PUBLIC PROSECUTORS IN SELECTED COUNCIL OF EUROPE MEMBER STATES prepared on the basis of expertise by Lorena Bachmaier, Grażyna Stanek, James Hamilton, Gaja Štovičej and Catherine Carrie This study is implemented in the framework of the Council of Europe Project "Human Rights Compliant Criminal Justice System in Ukraine" which is part of the Council of Europe Action Plan for Ukraine 2018-2021 1 Table of contents: Abbreviations.................................................................................... 3 Executive summary............................................................................ 3 Introduction ...................................................................................... 6 Background information of Ukraine ..................................................... 9 Aim of the study .............................................................................. 12 Methodological principles and tools ................................................... 13 Topics and common structure of the country reports............................. 16 Table of contents and questionnaire for country reports ........................ 17 Country reports ............................................................................... 19 Germany ........................................................................................ 19 Ireland ........................................................................................... 32 Poland...........................................................................................
    [Show full text]
  • Director-Of-The-Serious-Fraud-Office-V
    Case No: U20200108 IN THE CROWN COURT AT SOUTHWARK IN THE MATTER OF s.45 OF THE CRIME AND COURTS ACT 2013 Royal Courts of Justice Strand, London, WC2A 2LL Date: 31 January 2020 Before : THE PRESIDENT OF THE QUEEN’S BENCH DIVISION (THE RT. HON. DAME VICTORIA SHARP) - - - - - - - - - - - - - - - - - - - - - Between : Director of the Serious Fraud Office Applicant - and - Airbus SE Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - James Lewis QC, Allison Clare, Katherine Buckle and Mohsin Zaidi (instructed by the Serious Fraud Office) for the Applicant Hugo Keith QC and Ben FitzGerald (instructed by Dechert LLP) for the Respondent Hearing date: 31st of January 2020 - - - - - - - - - - - - - - - - - - - - - Approved Judgment Approved Judgment SFO v Airbus SE Dame Victoria Sharp P.: Introduction 1. On 28 January 2020 I heard an application in private in which I was asked to make a declaration in preliminary approval of a deferred prosecution agreement (a DPA) reached between the Serious Fraud Office (SFO) and Airbus SE (Airbus). At that hearing, I made a declaration that it was likely to be in the interests of justice for such agreement to be made and that its proposed terms were fair, reasonable and proportionate. Today, the 31 January 2020, I made a final declaration and Order to that effect at a hearing held in public. One of the consequences of this Order is that Airbus must pay a total financial sanction of approaching one billion euros (€990,963,712 including costs) to the Consolidated Fund via the SFO within 30 days of today’s date, made up of the disgorgement of profit of €585,939,740 and a penalty of €398,034,571.
    [Show full text]
  • Chapter 971 Criminal Procedure — Proceedings Before and at Trial
    Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. October 1, 2021. 1 Updated 19−20 Wis. Stats. PROCEEDINGS BEFORE AND AT TRIAL 971.025 CHAPTER 971 CRIMINAL PROCEDURE — PROCEEDINGS BEFORE AND AT TRIAL 971.01 Filing of the information. 971.19 Place of trial. 971.02 Preliminary examination; when prerequisite to an information or indict- 971.20 Substitution of judge. ment. 971.22 Change of place of trial. 971.025 Forms. 971.223 Change of place of trial for certain violations. 971.027 Protected information. 971.225 Jury from another county. 971.03 Form of information. 971.23 Discovery and inspection. 971.04 Defendant to be present. 971.26 Formal defects. 971.05 Arraignment. 971.27 Lost information, complaint or indictment. 971.06 Pleas. 971.28 Pleading judgment. 971.07 Multiple defendants. 971.29 Amending the charge. 971.08 Pleas of guilty and no contest; withdrawal thereof. 971.30 Motion defined. 971.09 Plea of guilty to offenses committed in several counties. 971.31 Motions before trial. 971.095 Consultation with and notices to victim. 971.315 Inquiry upon dismissal. 971.10 Speedy trial. 971.32 Ownership, how alleged. 971.105 Child victims and witnesses; duty to expedite proceedings. 971.109 Freezing assets of a person charged with financial exploitation of an elder 971.33 Possession of property, what sufficient. person. 971.34 Intent to defraud. 971.11 Prompt disposition of intrastate detainers. 971.36 Theft; pleading and evidence; subsequent prosecutions. 971.12 Joinder of crimes and of defendants. 971.365 Crimes involving certain controlled substances.
    [Show full text]
  • Checkpoint: an Innovative Programme to Navigate People Away from the Cycle of Reoffending – a Randomised Control Trial Evaluat
    Article The Police Journal: Theory, Practice and Principles 1–28 Checkpoint: An innovative ª The Author(s) 2021 Article reuse guidelines: Programme to navigate sagepub.com/journals-permissions DOI: 10.1177/0032258X211018774 people away from the cycle journals.sagepub.com/home/pjx of reoffending – A randomised control trial evaluation Kevin Weir, Stephanie Kilili , John Cooper, Andrew Crowe and Gillian Routledge Durham Constabulary, Aykley Heads Durham, Durham, UK Abstract This study contributes to the evidence base of police deferred prosecution schemes aimed at reducing reoffending. Durham Constabulary, UK, introduced Checkpoint, an adult deferred prosecution scheme which targets offenders entering the Criminal Justice System by providing an alternative to a criminal prosecution. Applying theories of deterrence and desistance, this paper describes the randomised control trial findings of 521 offenders randomised between 1 August 2016 and 31 March 2018. The results indicate that the Checkpoint treatment cohort achieved a lower reoffending rate in comparison to the control cohort, on the basis of prevalence (10.3% reduction) and risk of reoffending (30% reduction). Keywords Reoffending, out of court disposals, evidence-based policing, offender desistance Introduction Out-of-Court Disposals (OOCD) have become a key policy and political area in the UK, with the removal in April 2013 of the previous requirement on the Crown Prosecution Service to decide on the suitability of cases for conditional cautions, devolving the decision to the custody officer in the police station (Neyroud and Slothower, 2013). Corresponding author: Stephanie Kilili, Durham Constabulary, Durham Police HQ, Aykley Heads, Durham DH1 5TT, UK. Email: [email protected] 2 The Police Journal: Theory, Practice and Principles XX(X) This created not only an increase in time spent on a disposal decision by the police but also a requirement on the police to set and manage conditions for offenders.
    [Show full text]
  • Court Diversion and Deferred Prosecution Schemes?
    Cordis Bright evidence reviews What works in delivering court diversion and deferred prosecution schemes? Published in July 2019 Court diversion and deferred prosecution schemes can be a valuable tool for achieving a range of outcomes: reducing reoffending rates, reducing costs to the criminal justice system, and improving wider outcomes for offenders. We reviewed1 the evaluations of 20 different diversion and deferred prosecution schemes. Below we profile the different schemes and assess their effectiveness in relation to achieving these three overarching outcomes. We also outline the policy context surrounding deferred prosecution and identify consistent themes regarding successful implementation. Please get in touch with our Head of Research, Dr Stephen Boxford, for more detail or to continue the conversation. 1 Context 1.1 Key definitions Diversion This can refer to any type of programme whose aim is to avoid formal processing of an offender by the criminal justice system, offering an alternative to prosecution and imprisonment. Diversion can be both informal, for example police diverting a suspect when the offence is minor, or formal, typically involving a programme that must be completed as a condition of diversion (Encyclopaedia Britannica, 2018). Deferred prosecution Deferred prosecution involves criminal charges not being brought against defendants provided they fulfil certain conditions. These conditions typically involve the offender not committing other offences within a certain time period, and may also include financial penalties, compensation or reparation to victims and attending some form of therapeutic or educational programme. If the defendant successfully complies with the conditions then the charges are dropped. Deferred prosecution can be thought of as a form of formal diversion.
    [Show full text]
  • Dpa Doa: How and Why Congress Should Bar the Use of Deferred and Non-Prosecution Agreements in Corporate Criminal Prosecutions
    \\jciprod01\productn\H\HLL\52-2\HLL201.txt unknown Seq: 1 9-SEP-15 14:00 NOTE DPA DOA: HOW AND WHY CONGRESS SHOULD BAR THE USE OF DEFERRED AND NON-PROSECUTION AGREEMENTS IN CORPORATE CRIMINAL PROSECUTIONS GORDON BOURJAILY* I. INTRODUCTION The default mode of American federal corporate criminal law enforce- ment today is the deferred prosecution agreement (“DPA”).1 These guilty- plea-esque settlements allow organizations to settle criminal charges with the federal government without trial, conviction, or (sometimes) even indict- ment. In theory, the situation benefits the government, the defendants, and the public at large: prosecutors can secure criminal penalties and sweeping internal reforms from corporate wrongdoers with less time and expense, cor- porations can avoid the potentially disastrous collateral consequences of go- ing through the criminal justice system, and the public interest in preventing corporate crime is vindicated without unnecessary harm to the innocent shareholders, employees, customers, and creditors of the firms in question. However, creating a secondary criminal justice system has its costs: DPAs allow prosecutors to circumvent the safeguards of the criminal pro- cess, and they undermine public faith in the rule of law. Because DPAs re- solve corporate criminal matters before the indictment stage, they take place outside of all but the most minimal judicial and public oversight. As a result, there is little recourse for corporate defendants when prosecutors exploit their leverage to exact concessions—even unconstitutional ones. *Gordon Bourjaily, B.A., Amherst College, 2011; J.D. Candidate, Harvard Law School, Class of 2015. 1 This paper will address not only DPAs but non-prosecution agreements, or NPAs.
    [Show full text]
  • Deferred Prosecutions in the Corporate Sector: Lessons from LIBOR
    Deferred Prosecutions in the Corporate Sector: Lessons from LIBOR Justin O’Brien* & Olivia Dixon** I. INTRODUCTION Since 2008, the global economic downturn has significantly in- creased operating pressures on major corporations. Profit margins have been squeezed. Increased competition, decreased demand, and the peren- nial pressure to meet or exceed earnings forecasts add to the bottom line pressures on corporate boards. The 2012 Ernst & Young Annual Global Fraud Survey (Ernst & Young Survey) paints an exceptionally bleak pic- ture.1 It details a debilitating nexus between a challenging economic out- look and “institutional fatigue,” which inhibits capacity to deal with a pervasive and growing problem.2 Hard times, it concludes, strain ethical standards.3 Significantly, this increased corporate tolerance for corrup- tion coincides with a marked preference by regulators in settling, rather than litigating, enforcement actions. This trend is most notable in the United States, where fines linked to deferred prosecution agreements (DPAs) have been running at record levels.4 Most recently, focus has shifted to corruption in the setting of benchmark interest rates, where at least sixteen banks and three broker- age houses are currently under investigation by regulatory authorities over the suspected manipulation of the London Interbank Offered Rate * Australian Research Council Future Fellow, Professor of Law and Director, Centre for Law, Mar- kets and Regulation, UNSW Law, University of New South Wales. **Lecturer, Faculty of Law, University of Sydney. 1. ERNST & YOUNG, GROWING BEYOND: A PLACE FOR INTEGRITY: 12TH GLOBAL FRAUD SURVEY 28 (2012) (U.K.), available at http://www.ey.com/Publication/vwLUAssets/Global-Fraud- Survey-a-place-for-integrity-12th-Global-Fraud-Survey/$FILE/EY-12th-GLOBAL-FRAUD-SURV EY.pdf.
    [Show full text]
  • King County District Court, State of Washington
    KING COUNTY DISTRICT COURT, STATE OF WASHINGTON STATE OF WASHINGTON, COUNTY NO. OF KING/CITY OF , Plaintiff, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW AND ORDER GRANTING DEFERRED , PROSECUTION Defendant, Count 1 Count 2 VIOLATION DATE: FINDINGS OF FACT 1. The Defendant stipulates to the admissibility and sufficiency of the police reports filed in this case and that those documents are sufficient to support a conviction on the offense(s) charged under the above-referenced cause number if the Deferred Prosecution is revoked. 2. The Defendant acknowledges the admissibility of the stipulated facts in any criminal hearing on the underlying offense(s) held subsequently to the revocation of the Order granting Deferred Prosecution 3. The Defendant has examined the Petition and treatment report and recommendations and has indicated his/her agreement to undertake and pay the costs of the prescribed treatment if financially able to do so, and such other conditions as set forth in this Order. 4. The Defendant has waived the right to (a) a speedy trial; (b) a trial by jury; (c) testify; d) question witnesses; (e) call witnesses and (f) present evidence or a defense. 5. Defendant acknowledges that his/her statements in the Petition are admissible and will be entered and used to support a finding of guilty if the Deferred Prosecution is revoked 6. The Defendant has not been previously granted a Deferred Prosecution for a Title 46 violation. 7. The Defendant’s stipulations, admissions, and statements are knowingly, intelligently, and voluntarily made. Findings of Fact, Conclusions of Law and Page 1 of 5 Order Granting Deferred Prosecution KCDC October 2018 CONCLUSIONS OF LAW 1.
    [Show full text]
  • Pre-Court Diversion for Adults: an Evidence Briefing
    Briefing Pre-court diversion for adults: an evidence briefing Summary Pre-court diversion seeks to offer a swift and meaningful response to low-level offending. The approach has been long recognised as a significant part of the youth justice system. Recently, interest in pre-court diversion for arrested adults has been re-awakened, with the Lammy Review recommending trials of new forms of ‘deferred prosecution’ and recent high-profile projects such as Operation Turning Point in the West Midlands and Checkpoint in Durham. A 2018 survey by the National Police Chiefs’ Council revealed that a majority of police forces across England and Wales are engaged in using or developing pre-court diversion for adults as well as finding both a wide variety in practice and in the terms used to describe pre-court diversion. Pre-court diversion, as we define it, operates in two ways: first, individuals who are arrested and likely to receive a formal out of court disposal are ‘diverted’ into either a less serious out of court disposal or an informal disposal; second, individuals who are arrested and likely to be prosecuted in court are ‘diverted’ into either a formal out of court disposal or an informal disposal (this diversion from court is sometimes called ‘deferred prosecution’). What is common to both of these diversion routes is that an individual who complies with the conditions of a pre-court diversion should receive a lesser criminal justice disposal than they would have otherwise received, reducing the negative consequences of formal criminal justice sanctions (a process we call de-escalation) and allowing practitioners to focus resources on addressing the root causes of offending.
    [Show full text]