SCHEDULE 17 continued PART 1 continued
Crime and Courts BillPage 270
for such period as the court considers necessary if it appears to the court that
postponement is necessary for avoiding a substantial risk of prejudice to the
administration of justice in any legal proceedings.
The statement of facts contained in the DPA is, in any criminal proceedings
brought against P for the alleged offence, to be treated as an admission by P
under section 10 of the Criminal Justice Act 1967 (proof by formal
Material described in sub-paragraph (6) may only be used in evidence
on a prosecution for an offence consisting of the provision of
inaccurate, misleading or incomplete information, or
on a prosecution for some other offence where in giving evidence P
makes a statement inconsistent with the material.
However, material may not be used against P by virtue of sub-paragraph
(4)(b) unless evidence relating to it is adduced, or a question relating to it is
asked, by or on behalf of P in the proceedings arising out of the prosecution.
(6) The material is—
material that shows that P entered into negotiations for a DPA,
including in particular—
(i) any draft of the DPA;
any draft of a statement of facts intended to be included
within the DPA;
any statement indicating that P entered into such
material that was created solely for the purpose of preparing the
DPA or statement of facts.
Any money received by a prosecutor under a term of a DPA that provides
for P to pay a financial penalty to the prosecutor or to disgorge profits made
from the alleged offence is to be paid into the Consolidated Fund.
15 Conspiracy to defraud.
16 Cheating the public revenue.
Crime and Courts BillPage 271
17 An offence under any of the following sections of the Theft Act 1968—
(a) section 1 (theft);
(b) section 17 (false accounting);
(c) section 20 (suppression etc of documents);
(d) section 24A (dishonestly retaining a wrongful credit).
An offence under any of the following sections of the Customs and Excise
Management Act 1979—
section 68 (offences in relation to exportation of prohibited or
(b) section 167 (untrue declarations etc);
(c) section 170 (fraudulent evasion of duty etc).
An offence under any of the following sections of the Forgery and
Counterfeiting Act 1981—
(a) section 1 (forgery);
(b) section 2 (copying a false instrument);
(c) section 3 (using a false instrument);
(d) section 4 (using a copy of a false instrument);
section 5 (offences relating to money orders, share certificates,
An offence under section 450 of the Companies Act 1985 (destroying,
mutilating etc company documents).
An offence under section 72 of the Value Added Tax Act 1994 (fraudulent
evasion of VAT).
An offence under any of the following sections of the Financial Services and
Markets Act 2000—
section 23 (contravention of prohibition of carrying on regulated
activity unless authorised or exempt);
(b) section 25 (contravention of restrictions on financial promotion);
section 85 (prohibition of dealing etc in transferable securities
without approved prospectus);
section 346 (provision of false or misleading statements to auditor or
(e) section 397 (misleading statements and practices);
(f) section 398 (misleading the FSA).
An offence under any of the following sections of the Proceeds of Crime Act
(a) section 327 (concealing etc criminal property);
section 328 (arrangements facilitating acquisition etc of criminal
(c) section 329 (acquisition, use and possession of criminal property);
section 330 (failing to disclose knowledge or suspicion of money
(e) section 333A (tipping off).
24 An offence under any of the following sections of the Companies Act 2006—
Crime and Courts BillPage 272
section 658 (general rule against limited company acquiring its own
(b) section 680 (prohibited financial assistance);
(c) section 993 (fraudulent trading).
25 An offence under any of the following sections of the Fraud Act 2006—
(a) section 1 (fraud);
(b) section 6 (possession etc of articles for use in frauds);
(c) section 7 (making or supplying articles for use in frauds);
(d) section 11 (obtaining services dishonestly).
26 An offence under any of the following sections of the Bribery Act 2010—
(a) section 1 (bribing another person);
(b) section 2 (being bribed);
(c) section 6 (bribery of foreign public officials);
(d) section 7 (failure of commercial organisations to prevent bribery).
An offence under regulation 45 of the Money Laundering Regulations 2007
(S.I. 2007/2157S.I. 2007/2157).
28 Any ancillary offence relating to an offence specified in this Part.
29 “Ancillary offence”, in relation to an offence, means—
aiding, abetting, counselling or procuring the commission of the
an offence under Part 2 of the Serious Crime Act 2007 (encouraging
or assisting crime) in relation to the offence;
(c) attempting or conspiring to commit the offence.
This Schedule applies in relation to conduct occurring before the
commencement of this Schedule as if an offence specified in this Part
included any corresponding offence under the law in force at the time of the
conduct (and for the purposes of this paragraph, the common law offence of
inciting the commission of another offence is to be treated as an offence
corresponding to an offence under Part 2 of the Serious Crime Act 2007).
31 The Secretary of State may by order amend this Part by—
(a) adding an offence of financial or economic crime;
(b) removing an offence.
In section 2 of the Administration of Justice (Miscellaneous Provisions) Act
1933 (procedure for indictment of offenders), in subsection (2) after
Crime and Courts BillPage 273
paragraph (b) insert—
the bill is preferred with the consent of a judge of the Crown
Court following a declaration by the court under paragraph
8(1) of Schedule 17 to the Crime and Courts Act 2013 (court
approval of deferred prosecution agreement); or”.
In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965
(issue of witness summons on application to the Crown Court), after
subsection (6) insert—
Where the proceedings concerned relate to an offence that is the
subject of a deferred prosecution agreement within the meaning of
Schedule 17 to the Crime and Courts Act 2013, an application must
be made as soon as is reasonably practicable after the suspension of
the proceedings is lifted under paragraph 2(3) of that Schedule.”
In Schedule 1 to the Contempt of Court Act 1981 (times when proceedings
are active for purposes of strict liability rule for contempt of court), in
paragraph 7, after paragraph (aa) insert—
in England and Wales, if they are
discontinued by virtue of paragraph 11 of
Schedule 17 to the Crime and Courts Act 2013
(deferred prosecution agreements);”.
In section 15 of the Prosecution of Offences Act 1985 (interpretation), in
subsection (2)(d) after “(b)” insert “or (ba)”.
In section 51 of the Criminal Justice and Public Order Act 1994 (intimidation
etc of witnesses, jurors and others), in subsection 10(a)(iii) after “2(2)(b)”
insert “or (ba)”.
37 (1) The Criminal Procedure and Investigations Act 1996 is amended as follows.
In section 1 (application of Part 1: disclosure), in subsection (2), after
paragraph (f) insert “, or
following the preferment of a bill of indictment charging a
person with an indictable offence under the authority of
section 2(2)(ba) of the Administration of Justice
(Miscellaneous Provisions) Act 1933 (bill of indictment
preferred with consent of Crown Court judge following
approval of deferred prosecution agreement), the suspension
of the proceedings against the person under paragraph 2(2)
of Schedule 17 to the Crime and Courts Act 2013 is lifted
under paragraph 2(3) of that Schedule.”
In section 28 (application of Part 3: preparatory hearings), in subsection
(1)(c) after “2(2)(b)” insert “or (ba)”.
In section 39 (meaning of pre-trial hearing), in subsection (2)(a) after
“2(2)(b)” insert “or (ba)”.
(5) In Schedule 3 (fraud), in paragraph 8(1)(c) after “2(2)(b)” insert “or (ba)”.
In section 85 of the Proceeds of Crime Act 2002 (proceedings), in subsection
(1)(c) at the end insert “or subsection (2)(ba) of that section (preferment by
Crown Court judge following approval of deferred prosecution
Crime and Courts BillPage 274
Conduct constituting an alleged offence that occurred before the relevant
commencement day may be taken into account for the purposes of this
(2) In this paragraph, the “relevant commencement day” means—
in a case where the alleged offence is an offence that is specified in
Part 2 when this Schedule comes into force, the day on which this
Schedule comes into force;
in a case where the alleged offence is an offence that is subsequently
added to Part 2 (whether by order under paragraph 31 or otherwise),
the day when the enactment adding that offence to Part 2 comes into
If the Secretary of State is proposing to make an order under section 2, the
Secretary of State must consult those persons whom the Secretary of State
considers would be affected by the proposed order.
If, after such a consultation, the Secretary of State considers it appropriate to
proceed with the making of the order, the Secretary of State must lay before
(a) a draft order, and
(b) a document which explains the order.
The Secretary of State may not act under this paragraph before the end of the
period of twelve weeks beginning with the day on which the consultation
The Secretary of State may make an order in the terms of the draft order laid
under paragraph 2 if, after the expiry of the 40-day period, the draft order is
approved by a resolution of each House of Parliament.
But the procedure in paragraph 4 is to apply to the draft order instead of the
procedure in this paragraph if—
(a) either House of Parliament so resolves within the 30-day period, or
a committee of either House charged with reporting on the draft
order so recommends within the 30-day period and the House to
which the recommendation is made does not by resolution reject the
recommendation within that period.
Crime and Courts BillPage 275
4 (1) The Secretary of State must have regard to—
(a) any representations,
(b) any resolution of either House of Parliament, and
any recommendations of a committee of either House of Parliament
charged with reporting on the draft order,
made during the 60-day period with regard to the draft order.
If after the expiry of the 60-day period the draft order is approved by a
resolution of each House of Parliament, the Secretary of State may make an
order in the terms of the draft order.
If after the expiry of the 60-day period the Secretary of State wishes to
proceed with the draft order but with material changes, the Secretary of
State may lay before Parliament—
(a) a revised draft order, and
(b) a statement giving a summary of the changes proposed.
If the revised draft order is approved by a resolution of each House of
Parliament, the Secretary of State may make an order in the terms of the
revised draft order.
For the purposes of this paragraph an order is made in the terms of a draft
order or revised draft order if it contains no material changes to its
In this Schedule, references to the “30-day”, “40-day” and “60-day” periods
in relation to any draft order are to the periods of 30, 40 and 60 days
beginning with the day on which the draft order was laid before Parliament.
For that purpose no account is to be taken of any time during which
Parliament is dissolved or prorogued or during which either House is
adjourned for more than four days.