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In forceAmended2020 Revised Edition

Part 7A · Deferred Prosecution Agreements

149E. Content of DPA

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Amended

Last amended by an amending law of 2018.

(1)

A DPA must contain —

(a)

a charge or draft charge (prepared by the Public Prosecutor) relating to the alleged offence; and

(b)

a statement of facts relating to the alleged offence, which may include admissions made by the subject that enters into the DPA.

(2)

A DPA must specify a date (called in this Part the expiry date) on which the DPA ceases to have effect if the DPA is not already terminated under section 149G.

(3)

The requirements that a DPA may impose on the subject that enters into the DPA include, but are not limited to, the following requirements:

(a)

to pay to the Public Prosecutor a financial penalty;

(b)

to compensate victims of the alleged offence;

(c)

to donate money to a charity or any other third party;

(d)

to disgorge any profits made by the subject from the alleged offence;

(e)

to implement a compliance programme, or make changes to an existing compliance programme, relating to the subject’s policies or to the training of the subject’s employees or both;

(f)

to appoint a person —

(i)

to assess and monitor the subject’s internal controls;

(ii)

to advise the subject, and the Public Prosecutor, of any improvements to the subject’s compliance programme that are necessary, or that will reduce the risk of a recurrence of any conduct prohibited by the DPA; and

(iii)

to report to the Public Prosecutor any misconduct in the implementation of the subject’s compliance programme or internal controls;

(g)

to cooperate in —

(i)

any investigation relating to the alleged offence; and

(ii)

any investigation relating to any possible offence, committed by any officer, employee or agent of the subject, that arises from the same or substantially the same facts as the alleged offence;

(h)

to pay any reasonable costs of the Public Prosecutor in relation to the alleged offence or the DPA.

(4)

A DPA may impose time limits within which the subject of the DPA must comply with the requirements imposed on the subject.

(5)

A DPA may include a term setting out the consequences of a failure by the subject of the DPA to comply with any of its terms.

Report

Part 8

Initiation of Criminal Proceedings and Complaint to Magistrate

Part 9

Pre-Trial Procedures in the State Courts

Part 10

Pre-Trial Procedures in General Division of High Court

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Part 11

General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

Sentences

Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules