Criminal Procedure Code 2010 · 2020 Revised Edition · Part 7A · Deferred Prosecution Agreements
149M. Appeals from certain decisions under this Part
Feedback & supportLast amended by an amending law of 2021. 3 amendments in all.
The following decisions of the General Division of the High Court under this Part are appealable:
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;
a decision, on an application under section 149F(1), not to approve a DPA;
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;
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;
a decision, on an application under section 149H(2), not to approve a variation of the terms of a DPA.
An appeal against a decision mentioned in subsection (1)(a) or (d) may only be made by the Public Prosecutor.
An appeal against a decision mentioned in subsection (1)(b) or (c) may be made by the Public Prosecutor or the subject concerned.
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
An appeal against a decision mentioned in subsection (1)(a) must be heard and dealt with in private.
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.
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;