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In forceAmended2020 Revised Edition

Part 7A · Deferred Prosecution Agreements

149M. Appeals from certain decisions under this Part

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Amended

Last amended by an amending law of 2021. 3 amendments in all.

(1)

The following decisions of the General Division of the High Court under this Part are appealable:

(a)

a decision, on an application under section 149F(1), not to approve a DPA;

(b)

a decision, on an application under section 149G(1), that the subject that entered into a DPA has failed to comply with the terms of the DPA;

(c)

a decision, on an application under section 149G(1), that the subject that entered into a DPA did not fail to comply with the terms of the DPA;

(d)

a decision, on an application under section 149H(2), not to approve a variation of the terms of a DPA.

(2)

An appeal against a decision mentioned in subsection (1)(a) or (d) may only be made by the Public Prosecutor.

(3)

An appeal against a decision mentioned in subsection (1)(b) or (c) may be made by the Public Prosecutor or the subject concerned.

(4)

An appeal against a decision mentioned in subsection (1)(a) must be heard and dealt with in private.

(5)

A refusal by the Court of Appeal, on an appeal against a decision mentioned in subsection (1)(a), to approve 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 section 149F(1), for the approval of a different DPA entered into with the same subject in respect of the same alleged offence.

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