§ 149C — Effect of DPA on court proceedings while DPA is in force

149C. After a DPA is entered into between the Public Prosecutor and a subject in respect of an alleged offence, the following apply:(a)

if the subject has been charged with the alleged offence, the subject is deemed to have been granted a discharge not amounting to an acquittal in relation to the alleged offence, when the DPA comes into force;

(b)

while the DPA is in force, the subject cannot be prosecuted for the alleged offence in any criminal proceedings;

(c)

while the DPA is in force, any limitation period or time limit for the commencement of any of the following matters is suspended:(i)

the prosecution of the alleged offence;

(ii)

any civil penalty action in respect of the alleged offence;

(iii)

any proceedings for an order for disgorgement of a benefit derived from the alleged offence;

(iv)

any proceedings for the confiscation of any property that —(A)

is used, or intended to be used, for the commission of the alleged offence; or

(B)

constitutes a benefit derived from the alleged offence;

(v)

any disciplinary proceedings, or other proceedings relating to the imposition of any regulatory measure, under any written law, that arise from the facts of the alleged offence.[19/2018]