Criminal Procedure Code 2010 · 2020 Revised Edition · Part 7A · Deferred Prosecution Agreements
149H. Variation of terms of DPA
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
At any time when a DPA is in force, the Public Prosecutor and the subject that entered into the DPA may agree to vary 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;
When the Public Prosecutor and the subject that entered into a DPA have agreed to vary the terms of the 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 variation is in the interests of justice; and
the terms of the DPA as varied are fair, reasonable and proportionate.
A variation of the terms of a DPA only takes effect when the General Division of the High Court approves the variation by making the relevant declaration.
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 to approve the variation, 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 DPA as varied;
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.
Where the General Division of the High Court decides not to approve the variation, 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 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.