The difficulty lies in the fact that there is virtually no remuneration for the services of defence counsel, unless the defendant or a third party honours legal fees in private, which probably explains why so few of these agreements have been pursued. This is the most important and uncertain phase of the process. This is an interview with caution and a full admission of guilt is required – if not, then there can be no hope of getting the full discount and the agreement can be rescinded. It is necessary to admit all previous wrongdoings and, therefore, they may be prosecuted and may be asked to waive the law with respect to the issues under consideration. There are no new advertising powers arising from judgments made under a written agreement under Section 73 of SOCPA. The decision of whether to enter into a formal written agreement in a particular case is exclusively that of the prosecutor indicated. However, either the suspect or the designated prosecutor can initiate the discussion. As a general rule, formal communications and agreements are signed only after a person has been interviewed with caution and has provided at least one version of the available information. No notification or obligation is made on the basis that a suspect does not disclose information until after immunity or a company has been granted.
The four accused were directors of a company called Innospec and the SFO claimed they were all involved in a conspiracy for corrupt officials in Indonesia. Turner had reached an agreement s73 and complied with the conditions. Jennings decided to cooperate with the U.S. authorities, but never with the SFO. He only pleaded guilty. Kerrison and Papachristos denied the charges, but were convicted. This case was therefore presented for criminal purposes, the accused in three separate positions; two who had fought and lost the case, one who had pleaded guilty and the other who pleaded guilty and assisted the SFO. Such a situation therefore offers a valuable insight into the conviction of s73. A review of these cases provides a recent assessment of the impact of s73 agreements on the conviction of fraudsters or other similar offenders.