Comparison between the Scottish self-reporting regime and Deferred Prosecution Agreements used in the rest of the UK—checklist

Produced in partnership with Paul Marshall of Brodies LLP and Ramsay Hall of Brodies LLP

Checklists

Comparison between the Scottish self-reporting regime and Deferred Prosecution Agreements used in the rest of the UK—checklist

Produced in partnership with Paul Marshall of Brodies LLP and Ramsay Hall of Brodies LLP

Checklists

There are key differences between the self-reporting initiative operated by the Crown Office and Procurator Fiscal Services (COPFS) in Scotland (Scottish self-reporting initiative) and the deferred prosecution agreement (DPA) regime now operating in the rest of the UK (DPA regime). Any business that uncovers corruption within the organisation should make sure it understands the differences between the two regimes before deciding which authority to approach.

This Checklist aims to set out the main differences between the Scottish self-reporting initiative and the DPA regime operating in the rest of the UK.

Introduction to the two regimes

Scottish self-reporting initiative

The Scottish self-reporting initiative was introduced on 1 July 2011 when the Bribery Act 2010 (BA 2010), a UK-wide statute, came into force. The Scottish initiative applies solely to offences under BA 2010 or analogous bribery offences which applied before BA 2010 came into force.

Under the regime, a self-reporting business can seek to negotiate a settlement with COPFS with

Paul Marshall

Partner, Brodies LLP

Paul is a Partner with Brodies LLP where he leads the Corporate Crime and Investigations practice. The practice is the first port of call for responsible clients operating in high risk sectors in Scotland and internationally. Paul has 15 years' experience advising on financial and corporate crime investigations in Scotland, elsewhere in the UK and overseas. He is highly regarded in the Scottish market, in London, and by international clients. He is recognised as an expert on matters of fraud, bribery and corruption in Scotland. Paul is recognised internationally for his work in this area. He regularly speaks to UK and international audiences on the approach of the UK financial crime regulators to self-reporting of fraud, bribery and corruption. He is widely published in this field. Regulators also recognise Paul's expertise. He is instructed both by clients facing financial crime allegations and by regulators responsible for investigating financial crime in Scotland. Paul is retained by the Law Society of Scotland as a fiscal responsible for prosecuting lawyers for financial and other misconduct. He has developed a substantial practice advising responsible businesses on the fraud, bribery and corruption risks that they face in their international supply chains.

Ramsay Hall

Senior Associate, Brodies LLP

Ramsay is a member of Brodies' Corporate Crime and Investigations practice. He qualified into the team in 2012 and has experience of providing investigation support as well as representation in prosecutions across a range of sectors. In particular, he has provided advice on fraud, bribery and corruption, VAT evasion offences, money laundering, environmental offences, international sanctions and actions under the Proceeds of Crime Act 2002.

Ramsay regularly represents clients facing prosecution in Sheriff Courts throughout Scotland. He has both trial and criminal debate experience. He has also worked closely with counsel in respect of solemn proceedings.

Jurisdiction(s):

United Kingdom

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