The SFO has published a chapter from its handbook that gives guidance on how it approaches DPAs and engages with companies when it is considering a DPA. The guidance, which is internal guidance for SFO staff and published only in the interests of transparency. covers:
- the evidential and public interest tests
- the negotiation process
- dealing with actual or possible parallel investigations
- inviting companies to enter into DPA negotiations
- terms of negotiations
- DPA disclosures and investigator declarations
- templates and guidance on the Statement of Facts and Agreement
- potential standard terms
- compensation terms and expert and victim statements to support them
- the applications to Court and
- monitoring a DPA after it is agreed.