Deferred prosecution agreements - Justice delayed or justice denied?

SINGAPORE is considering introducing deferred prosecution agreements (DPAs) as a prosecutorial tool in forthcoming amendments to its Criminal Procedure Code and Evidence Act. The move, announced in mid-January, represents a significant shift in Singapore's approach towards corporate wrongdoing, aligning the country more closely with current global trends.

FEATURES OF DPAS

DPAs are used in various jurisdictions and have the following common features:

DPAs are generally used as a means to resolve allegations of corporate wrongdoing in an attempt to avoid collateral consequences resulting from a company pleading guilty to a crime.

When used in a corporate context, the DPAs do not absolve individuals of liability. Rather, DPAs are often the first step in an enforcement action. Once allegations against the corporate entity …