Criminal Procedure Code 2010 · 2020 Revised Edition · Part 7A · Deferred Prosecution Agreements
149G. Breach of DPA
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
If the Public Prosecutor believes that the subject that entered into a DPA has failed to comply with the terms of the DPA, the Public Prosecutor may make an application to the General Division of the High Court under this section.
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
On an application under subsection (1), the Public Prosecutor must prove, on a balance of probabilities, that the subject that entered into a DPA has failed to comply with the terms of the DPA.
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 General Division of the High Court is satisfied that the subject that entered into a DPA has failed to comply with the terms of the DPA, the General Division of the High Court must terminate the DPA.
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;
Where the General Division of the High Court decides that the subject that entered into a DPA did not fail to comply with the terms of the DPA, 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):
give public notice
“give public notice”, in relation to a matter, means to cause a notice of the matter to be published in the Gazette;
the decision of the General Division of the High Court;
if any reasons are given by the General Division of the High Court for that decision, those reasons.
Where the General Division of the High Court terminates a DPA under subsection (3), 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):
the fact that the DPA has been terminated by the General Division of the High Court following a failure by the subject that entered into the DPA to comply with the terms of the DPA;
if any reasons are given by the General Division of the High Court for its decisions under subsections (2) and (3), those reasons.
Where the General Division of the High Court terminates a DPA under subsection (3), the subject —
is not entitled to recover any money that the subject had paid, before the termination, pursuant to any requirement imposed by the DPA; and
is not entitled to any relief for any detriment caused to the subject by the subject’s compliance with the terms of the DPA before the termination.