§ 149H — Variation of terms of DPA

149H.—(1) At any time when a DPA is in force, the Public Prosecutor and the subject that entered into the DPA may agree to vary the terms of the DPA.[19/2018]

(2) When the Public Prosecutor and the subject that entered into a DPA have agreed to vary the terms of the DPA, the Public Prosecutor must apply by criminal motion to the General Division of the High Court for a declaration (called in this section the relevant declaration) that —(a)

the variation is in the interests of justice; and

(b)

the terms of the DPA as varied are fair, reasonable and proportionate.[19/2018; 40/2019]

(3) A variation of the terms of a DPA only takes effect when the General Division of the High Court approves the variation by making the relevant declaration.[19/2018; 40/2019]

(4) Where the General Division of the High Court decides to approve the variation, 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 DPA as varied;

(b)

the relevant declaration;

(c)

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

(5) Where the General Division of the High Court decides not to approve the variation, 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]

—(1) At any time when a DPA is in force, the Public Prosecutor and the subject that entered into the DPA may agree to vary the terms of the DPA.[19/2018]

(2) When the Public Prosecutor and the subject that entered into a DPA have agreed to vary the terms of the DPA, the Public Prosecutor must apply by criminal motion to the General Division of the High Court for a declaration (called in this section the relevant declaration) that —(a)

the variation is in the interests of justice; and

(b)

the terms of the DPA as varied are fair, reasonable and proportionate.[19/2018; 40/2019]

(3) A variation of the terms of a DPA only takes effect when the General Division of the High Court approves the variation by making the relevant declaration.[19/2018; 40/2019]

(4) Where the General Division of the High Court decides to approve the variation, 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 DPA as varied;

(b)

the relevant declaration;

(c)

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

(5) Where the General Division of the High Court decides not to approve the variation, 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]