Subsequently, I was pleased to represent the government in the House of Commons on the provisions of the CCA in the Crime Act and the courts when it went through Parliament. As you know, royal consent was given on April 25, 2013. In Section 45 of the Crimes and Courts Act 2013, an elegantly short clause simply states that “Schedule 17 provides for deferred prosecution agreements.” So it`s this calendar that I`m going to turn my attention to in an instant. But it is worth pointing out – as was pointed out in the debates in the House of Lords – that data protection authorities are a new approach to our criminal justice system. If negotiations continue, the company agrees to a number of conditions, such as paying .B a fine, paying compensation and cooperating with the prosecution of individuals. If the company does not meet the conditions, the charge may be reinstated. The modalities for monitoring compliance are set out in the provisions of the data protection authority. The agreement allows for the suspension of proceedings for a specified period of time, provided that the organization meets certain conditions. Following the introduction of data protection authorities in England and Wales by the Crime and Courts Act 2013, a major step forward has been taken by adding an important new instrument for prosecutors in the fight against serious economic crime. The government`s objective is to implement this in February 2014.
Finally, let me address the role of the court. In the DPA model developed for England and Wales, justice participation in the process is considered essential: judicial authorization is necessary for a CCA to come into force. The model was designed in this direction. We wanted effective judicial review – not the “rubber” – of the proposed data protection authorities. The judge will ultimately decide whether the CCA is in the interests of justice and whether the terms of the agreement are fair, proportionate and proportionate. The best source of practical and procedural application is the Crime Courts Act 2013 for prosecutors, published jointly by the SFO and CPS on February 14, 2014. The government announced its intention to set up data protection authorities in October 2012. They were incorporated into the Crime and Courts Act 2013, which received royal approval in April 2013. It is impossible to banish insecurity, but it can be reduced. The other related component of all of this is the amount of fines associated with it. The Criminal Council`s imminent consultation on a draft directive on fraud, corruption and money laundering, which contains draft guidelines for the conviction of corporate criminals, could also be useful in this regard.
You will find that Appendix 17, paragraph 5, paragraph 4, stipulates that any fine “must be broadly comparable to a fine imposed by the court in the event of a conviction for the alleged offence … “after an admission of guilt.” As a result, the parties and the courts will comply with the principles and guidelines applicable to the conviction in order to determine the appropriate amount for a fine on a case-by-case basis. The schedule of offences in Part 2 of Schedule 17 to the Crime and Courts Act 2013 currently contains a reference to paragraph 22, point e) of Section 397 of the Financial Services and Markets Act 2000. These are misleading statements, practices and impressions of financial transactions. This provision was repealed and updated by the Financial Services Act of 2012, which introduced new offences involving deceptive allegations of similar conduct pursuant to Section 89; Section 90 on misleading impressions; and Section 91 on misleading statements about relevant repositories and misleading impressions of the value of investments and interest rates applicable to a transaction.