8.1 Relevant statute and guidance

DPAs in their novelty in the UK, as an alternative to prosecution for companies and not individuals, were introduced with little provision addressing the adverse impact on individuals. Though there is some guidance within the DPA Code on the use of certain material against individuals1 (Section 7.3), and provision in relevant documentation on postponement of publication to avoid prejudice to individual proceedings,2 there was no guidance on the naming of individuals within documentation until late 2020. The SFO Operational Handbook chapter on DPAs, published on 23 October 2020, finally set out guidance on the naming of individuals, though arguably came too late. The Handbook appears to separate the statement of facts’ drafting stage and publication stage, in respect of the provision of guidance on naming individuals. Regarding the naming of individuals during the drafting of the statement of facts and negotiation stage, it is set out within the Handbook that: