§ 149G — Breach of DPA

149G.—(1) If the Public Prosecutor believes that the subject that entered into a DPA has failed to comply with the terms of the DPA, the Public Prosecutor may make an application to the General Division of the High Court under this section.[19/2018; 40/2019]

(2) On an application under subsection (1), the Public Prosecutor must prove, on a balance of probabilities, that the subject that entered into a DPA has failed to comply with the terms of the DPA.[19/2018]

(3) If the General Division of the High Court is satisfied that the subject that entered into a DPA has failed to comply with the terms of the DPA, the General Division of the High Court must terminate the DPA.[19/2018; 40/2019]

(4) Where the General Division of the High Court decides that the subject that entered into a DPA did not fail to comply with the terms of the DPA, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2):(a)

the decision of the General Division of the High Court;

(b)

if any reasons are given by the General Division of the High Court for that decision, those reasons.[19/2018; 40/2019]

(5) Where the General Division of the High Court terminates a DPA under subsection (3), the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2):(a)

the fact that the DPA has been terminated by the General Division of the High Court following a failure by the subject that entered into the DPA to comply with the terms of the DPA;

(b)

if any reasons are given by the General Division of the High Court for its decisions under subsections (2) and (3), those reasons.[19/2018; 40/2019]

(6) Where the General Division of the High Court terminates a DPA under subsection (3), the subject —(a)

is not entitled to recover any money that the subject had paid, before the termination, pursuant to any requirement imposed by the DPA; and

(b)

is not entitled to any relief for any detriment caused to the subject by the subject’s compliance with the terms of the DPA before the termination.[19/2018; 40/2019]

—(1) If the Public Prosecutor believes that the subject that entered into a DPA has failed to comply with the terms of the DPA, the Public Prosecutor may make an application to the General Division of the High Court under this section.[19/2018; 40/2019]

(2) On an application under subsection (1), the Public Prosecutor must prove, on a balance of probabilities, that the subject that entered into a DPA has failed to comply with the terms of the DPA.[19/2018]

(3) If the General Division of the High Court is satisfied that the subject that entered into a DPA has failed to comply with the terms of the DPA, the General Division of the High Court must terminate the DPA.[19/2018; 40/2019]

(4) Where the General Division of the High Court decides that the subject that entered into a DPA did not fail to comply with the terms of the DPA, the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2):(a)

the decision of the General Division of the High Court;

(b)

if any reasons are given by the General Division of the High Court for that decision, those reasons.[19/2018; 40/2019]

(5) Where the General Division of the High Court terminates a DPA under subsection (3), the Public Prosecutor must give public notice of the following, unless the Public Prosecutor is prohibited from doing so by or under any written law or by an order of the General Division of the High Court under section 149J(1) or (2):(a)

the fact that the DPA has been terminated by the General Division of the High Court following a failure by the subject that entered into the DPA to comply with the terms of the DPA;

(b)

if any reasons are given by the General Division of the High Court for its decisions under subsections (2) and (3), those reasons.[19/2018; 40/2019]

(6) Where the General Division of the High Court terminates a DPA under subsection (3), the subject —(a)

is not entitled to recover any money that the subject had paid, before the termination, pursuant to any requirement imposed by the DPA; and

(b)

is not entitled to any relief for any detriment caused to the subject by the subject’s compliance with the terms of the DPA before the termination.[19/2018; 40/2019]