Criminal Procedure Code 2010 · 2020 Revised Edition · Part 7A · Deferred Prosecution Agreements
149F. Court approval of DPA
Feedback & supportLast amended by an amending law of 2021. 3 amendments in all.
When the Public Prosecutor and the subject have agreed on the terms of a DPA, the Public Prosecutor must apply by criminal motion to the General Division of the High Court for a declaration (called in this section the relevant declaration) that —
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
the DPA is in the interests of justice; and
the terms of the DPA are fair, reasonable and proportionate.
At the hearing of an application under subsection (1) —
the Public Prosecutor and the subject may submit on the application jointly or separately; and
the General Division of the High Court may —
make the relevant declaration;
refuse the application; or
adjourn the hearing of the application —
for the Public Prosecutor and the subject to amend the DPA; or
for any other reason.
A DPA comes into force only when the General Division of the High Court approves the DPA by making the relevant declaration.
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;
An application under subsection (1) must be heard and dealt with in private.
Upon the General Division of the High Court making a relevant declaration, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2):
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
the DPA to which the relevant declaration relates;
the relevant declaration;
if any reasons are given by the General Division of the High Court for its decision to make the relevant declaration, those reasons.
A refusal by the General Division of the High Court of an application under subsection (1) in respect of 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 that subsection, for a relevant declaration in respect of a different DPA entered into with the same subject in respect of the same alleged offence.
alleged offence
“alleged offence” means an offence specified in the Sixth Schedule;