§ 149E — Content of DPA

149E.—(1) A DPA must contain —(a)

a charge or draft charge (prepared by the Public Prosecutor) relating to the alleged offence; and

(b)

a statement of facts relating to the alleged offence, which may include admissions made by the subject that enters into the DPA.[19/2018]

(2) A DPA must specify a date (called in this Part the expiry date) on which the DPA ceases to have effect if the DPA is not already terminated under section 149G.[19/2018]

(3) The requirements that a DPA may impose on the subject that enters into the DPA include, but are not limited to, the following requirements:(a)

to pay to the Public Prosecutor a financial penalty;

(b)

to compensate victims of the alleged offence;

(c)

to donate money to a charity or any other third party;

(d)

to disgorge any profits made by the subject from the alleged offence;

(e)

to implement a compliance programme, or make changes to an existing compliance programme, relating to the subject’s policies or to the training of the subject’s employees or both;

(f)

to appoint a person —(i)

to assess and monitor the subject’s internal controls;

(ii)

to advise the subject, and the Public Prosecutor, of any improvements to the subject’s compliance programme that are necessary, or that will reduce the risk of a recurrence of any conduct prohibited by the DPA; and

(iii)

to report to the Public Prosecutor any misconduct in the implementation of the subject’s compliance programme or internal controls;

(g)

to cooperate in —(i)

any investigation relating to the alleged offence; and

(ii)

any investigation relating to any possible offence, committed by any officer, employee or agent of the subject, that arises from the same or substantially the same facts as the alleged offence;

(h)

to pay any reasonable costs of the Public Prosecutor in relation to the alleged offence or the DPA.[19/2018]

(4) A DPA may impose time limits within which the subject of the DPA must comply with the requirements imposed on the subject.[19/2018]

(5) A DPA may include a term setting out the consequences of a failure by the subject of the DPA to comply with any of its terms.[19/2018]

—(1) A DPA must contain —(a)

a charge or draft charge (prepared by the Public Prosecutor) relating to the alleged offence; and

(b)

a statement of facts relating to the alleged offence, which may include admissions made by the subject that enters into the DPA.[19/2018]

(2) A DPA must specify a date (called in this Part the expiry date) on which the DPA ceases to have effect if the DPA is not already terminated under section 149G.[19/2018]

(3) The requirements that a DPA may impose on the subject that enters into the DPA include, but are not limited to, the following requirements:(a)

to pay to the Public Prosecutor a financial penalty;

(b)

to compensate victims of the alleged offence;

(c)

to donate money to a charity or any other third party;

(d)

to disgorge any profits made by the subject from the alleged offence;

(e)

to implement a compliance programme, or make changes to an existing compliance programme, relating to the subject’s policies or to the training of the subject’s employees or both;

(f)

to appoint a person —(i)

to assess and monitor the subject’s internal controls;

(ii)

to advise the subject, and the Public Prosecutor, of any improvements to the subject’s compliance programme that are necessary, or that will reduce the risk of a recurrence of any conduct prohibited by the DPA; and

(iii)

to report to the Public Prosecutor any misconduct in the implementation of the subject’s compliance programme or internal controls;

(g)

to cooperate in —(i)

any investigation relating to the alleged offence; and

(ii)

any investigation relating to any possible offence, committed by any officer, employee or agent of the subject, that arises from the same or substantially the same facts as the alleged offence;

(h)

to pay any reasonable costs of the Public Prosecutor in relation to the alleged offence or the DPA.[19/2018]

(4) A DPA may impose time limits within which the subject of the DPA must comply with the requirements imposed on the subject.[19/2018]

(5) A DPA may include a term setting out the consequences of a failure by the subject of the DPA to comply with any of its terms.[19/2018]