10.1 Cooperation agreements as an “assisting offender”

A director who is also a suspect in relation to corporate criminal wrongdoing will not be availed the opportunity to agree a DPA in the UK but may find some measure of protection within the provisions set out under sections 71 and 72 of the Serious Organised Crime and Police Act (“SOCPA”) 2005, and sections 74 and 387–388 of the Sentencing Act 2020 (“SA 2020”) (which repeal and replace sections 73 and 74 of SOCPA 2005). The statutory frameworks sit alongside the pre-existing common law provision known as “King's Evidence” (previously “Queen's Evidence”), though sections 387–388 of the SA 2020 (previously section 74 of the SOCPA 2005) represent a new addition.1 The provisions include immunity from prosecution,2 undertakings as to restricted use of evidence,3 reduction in sentence,4 and sentence review.5 Where such measures are taken, the individual is referred to as an ‘assisting offender’6 (to be distinguished from “assisting an offender”).