Criminal Procedure Code 2010 · 2020 Revised Edition · Part 7A · Deferred Prosecution Agreements
149C. Effect of DPA on court proceedings while DPA is in force
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After a DPA is entered into between the Public Prosecutor and a subject in respect of an alleged offence, the following apply:
DPA
“deferred prosecution agreement” or “DPA” means an agreement entered into between the Public Prosecutor and a person who has been charged with, or whom the Public Prosecutor is considering prosecuting for, an alleged offence, under which —(a)the person agrees to comply with the requirements imposed on the person by the agreement; and(b)the Public Prosecutor agrees that, upon the approval of the agreement by the General Division of the High Court under section 149F, sections 149C and 149I apply in relation to the prosecution of the person for the alleged offence;
if the subject has been charged with the alleged offence, the subject is deemed to have been granted a discharge not amounting to an acquittal in relation to the alleged offence, when the DPA comes into force;
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
while the DPA is in force, the subject cannot be prosecuted for the alleged offence in any criminal proceedings;
alleged offence
“alleged offence” means an offence specified in the Sixth Schedule;
while the DPA is in force, any limitation period or time limit for the commencement of any of the following matters is suspended:
the prosecution of the alleged offence;
any civil penalty action in respect of the alleged offence;
any proceedings for an order for disgorgement of a benefit derived from the alleged offence;
any proceedings for the confiscation of any property that —
property
“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;
is used, or intended to be used, for the commission of the alleged offence; or
constitutes a benefit derived from the alleged offence;
any disciplinary proceedings, or other proceedings relating to the imposition of any regulatory measure, under any written law, that arise from the facts of the alleged offence.