Singapore legislation

Section 149M

of Criminal Procedure Code 2010

Section 149M

Appeals from certain decisions under this Part

Amended by19/201840/201919/201819/201819/201819/2018

(1)

The following decisions of the General Division of the High Court under this Part are appealable:

(a)

a decision, on an application under section 149F(1), not to approve a DPA;

(b)

a decision, on an application under section 149G(1), that the subject that entered into a DPA has failed to comply with the terms of the DPA;

(c)

a decision, on an application under section 149G(1), that the subject that entered into a DPA did not fail to comply with the terms of the DPA;

(d)

a decision, on an application under section 149H(2), not to approve a variation of the terms of a DPA.

Amended by19/201840/2019

(2)

An appeal against a decision mentioned in subsection (1)(a) or (d) may only be made by the Public Prosecutor.

Amended by19/2018

(3)

An appeal against a decision mentioned in subsection (1)(b) or (c) may be made by the Public Prosecutor or the subject concerned.

Amended by19/2018

(4)

An appeal against a decision mentioned in subsection (1)(a) must be heard and dealt with in camera.

Amended by19/2018

(5)

A refusal by the Court of Appeal, on an appeal against a decision mentioned in subsection (1)(a), to approve a DPA entered into between the Public Prosecutor and a subject in respect of an alleged offence, does not prevent the Public Prosecutor from making another application under section 149F(1), for the approval of a different DPA entered into with the same subject in respect of the same alleged offence.

Amended by19/2018