Criminal Procedure Code 2010 · 2020 Revised Edition · Part 7A · Deferred Prosecution Agreements
149K. Use of material in criminal proceedings
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
Subsections (2) and (3) apply where a DPA in respect of an alleged offence is approved by the General Division of the High Court under section 149F.
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;
The statement of facts contained in the DPA is, in any criminal proceedings brought against the subject for the alleged offence, to be treated as an admission by the subject under section 267.
statement
“statement” includes any representation of fact, whether made in words or otherwise.
However, the admission mentioned in subsection (2) cannot be withdrawn by the subject under section 267(4).
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
Subsections (5) and (6) apply where the Public Prosecutor and a subject have entered into negotiations for a DPA in respect of an alleged offence, but the DPA has not been approved by the General Division of the High Court under section 149F.
alleged offence
“alleged offence” means an offence specified in the Sixth Schedule;
The material described in subsection (6) may be used in evidence against the subject only —
on a prosecution for an offence consisting of the provision of inaccurate, misleading or incomplete information; or
on a prosecution for some other offence, if both of the following apply:
in giving evidence, the subject makes a statement that is not consistent with the material;
evidence relating to the material is adduced, or a question relating to the material is asked, by or on behalf of the subject in the proceedings arising out of the prosecution.
For the purposes of subsection (5), the material is either or both of the following:
material that shows that the subject entered into negotiations for a DPA, including, in particular —
any draft of the DPA;
any draft of a statement of facts intended to be included within the DPA; and
any statement indicating that the subject entered into such negotiations;
material that was created solely for the purpose of preparing the DPA or statement of facts.
Any material or information obtained by the Public Prosecutor in the course of negotiations for a DPA or proceedings under this Part (other than the material described in subsection (6)) may, if determined (in accordance with the rules of evidence under written law and any relevant rules of law) to be admissible in evidence, be used against the subject that enters into the DPA or any other person in any criminal proceedings relating to any offence.