§ 149I — Expiry of DPA

149I.—(1) If a DPA in respect of an alleged offence remains in force until its expiry date, then after the DPA has expired —(a)

the Public Prosecutor must —(i)

give written notice to the General Division of the High Court that the Public Prosecutor does not intend to prosecute the subject for the alleged offence; and

(ii)

give public notice that the Public Prosecutor has given that written notice to the General Division of the High Court, 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); and

(b)

except as provided in subsection (2), the subject cannot be prosecuted for the alleged offence after the Public Prosecutor gives that written notice to the General Division of the High Court.[19/2018; 40/2019]

(2) Despite subsection (1), the Public Prosecutor may initiate new criminal proceedings against the subject that entered into a DPA in respect of the alleged offence in that DPA, if the Public Prosecutor finds (whether before, on or after the expiry date of the DPA) that during the course of the negotiations for the DPA (including any variation of the terms of the DPA that is approved by the General Division of the High Court under section 149H) —(a)

the subject provided inaccurate, misleading or incomplete information to the Public Prosecutor; and

(b)

the subject knew or ought to have known that the information was inaccurate, misleading or incomplete.[19/2018; 40/2019]

(3) Where —(a)

a DPA is entered into between the Public Prosecutor and a subject in respect of an alleged offence;

(b)

the subject is deemed under section 149C(a) to have been granted a discharge not amounting to an acquittal in relation to the alleged offence; and

(c)

the DPA remains in force until its expiry date,

after the DPA has expired, the General Division of the High Court may, on the application of the Public Prosecutor, grant the subject a discharge amounting to an acquittal in relation to the alleged offence.

[19/2018; 40/2019]

(4) For the purposes of subsections (1) and (3), a DPA is not to be treated as having expired if an application by the Public Prosecutor under section 149G, about an alleged failure by the subject that entered into the DPA to comply with the terms of the DPA, is pending on the expiry date of the DPA.[19/2018]

(5) In the case mentioned in subsection (4) —(a)

if the General Division of the High Court decides that the subject did not fail to comply with the terms of the DPA, the DPA is to be treated as expiring when the application under section 149G is decided; or

(b)

if the General Division of the High Court terminates the DPA —(i)

the DPA is to be treated as not having remained in force until its expiry date; and

(ii)

therefore, subsections (1) and (3) do not apply.[19/2018; 40/2019]

—(1) If a DPA in respect of an alleged offence remains in force until its expiry date, then after the DPA has expired —(a)

the Public Prosecutor must —(i)

give written notice to the General Division of the High Court that the Public Prosecutor does not intend to prosecute the subject for the alleged offence; and

(ii)

give public notice that the Public Prosecutor has given that written notice to the General Division of the High Court, 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); and

(b)

except as provided in subsection (2), the subject cannot be prosecuted for the alleged offence after the Public Prosecutor gives that written notice to the General Division of the High Court.[19/2018; 40/2019]

(2) Despite subsection (1), the Public Prosecutor may initiate new criminal proceedings against the subject that entered into a DPA in respect of the alleged offence in that DPA, if the Public Prosecutor finds (whether before, on or after the expiry date of the DPA) that during the course of the negotiations for the DPA (including any variation of the terms of the DPA that is approved by the General Division of the High Court under section 149H) —(a)

the subject provided inaccurate, misleading or incomplete information to the Public Prosecutor; and

(b)

the subject knew or ought to have known that the information was inaccurate, misleading or incomplete.[19/2018; 40/2019]

(3) Where —(a)

a DPA is entered into between the Public Prosecutor and a subject in respect of an alleged offence;

(b)

the subject is deemed under section 149C(a) to have been granted a discharge not amounting to an acquittal in relation to the alleged offence; and

(c)

the DPA remains in force until its expiry date,

after the DPA has expired, the General Division of the High Court may, on the application of the Public Prosecutor, grant the subject a discharge amounting to an acquittal in relation to the alleged offence.

[19/2018; 40/2019]

(4) For the purposes of subsections (1) and (3), a DPA is not to be treated as having expired if an application by the Public Prosecutor under section 149G, about an alleged failure by the subject that entered into the DPA to comply with the terms of the DPA, is pending on the expiry date of the DPA.[19/2018]

(5) In the case mentioned in subsection (4) —(a)

if the General Division of the High Court decides that the subject did not fail to comply with the terms of the DPA, the DPA is to be treated as expiring when the application under section 149G is decided; or

(b)

if the General Division of the High Court terminates the DPA —(i)

the DPA is to be treated as not having remained in force until its expiry date; and

(ii)

therefore, subsections (1) and (3) do not apply.[19/2018; 40/2019]