The Institute has lodged a submission with the federal Attorney-General’s Department, recommending against the introduction of Deferred Prosecution Agreements (DPAs) in Australia.
The Institute argued that a DPA scheme may undermine respect for corporate criminal laws, and the rule of law in general.
In the event that such a scheme is introduced in Australia, the Institute recommended that certain key protections be included, chief amongst them that the financial penalties included in a DPA ought to be capped at an amount not exceeding the costs of the investigation into the misconduct.
Our full submission is available here.
More information on the public consultation process regarding Deferred Prosecution Agreements is available on the Attorney-General’s website here.