§ 149K — Use of material in criminal proceedings

149K.—(1) Subsections (2) and (3) apply where a DPA in respect of an alleged offence is approved by the General Division of the High Court under section 149F.[19/2018; 40/2019]

(2) The statement of facts contained in the DPA is, in any criminal proceedings brought against the subject for the alleged offence, to be treated as an admission by the subject under section 267.[19/2018]

(3) However, the admission mentioned in subsection (2) cannot be withdrawn by the subject under section 267(4).[19/2018]

(4) Subsections (5) and (6) apply where the Public Prosecutor and a subject have entered into negotiations for a DPA in respect of an alleged offence, but the DPA has not been approved by the General Division of the High Court under section 149F.[19/2018; 40/2019]

(5) The material described in subsection (6) may be used in evidence against the subject only —(a)

on a prosecution for an offence consisting of the provision of inaccurate, misleading or incomplete information; or

(b)

on a prosecution for some other offence, if both of the following apply:(i)

in giving evidence, the subject makes a statement that is not consistent with the material;

(ii)

evidence relating to the material is adduced, or a question relating to the material is asked, by or on behalf of the subject in the proceedings arising out of the prosecution.[19/2018]

(6) For the purposes of subsection (5), the material is either or both of the following:(a)

material that shows that the subject entered into negotiations for a DPA, including, in particular —(i)

any draft of the DPA;

(ii)

any draft of a statement of facts intended to be included within the DPA; and

(iii)

any statement indicating that the subject entered into such negotiations;

(b)

material that was created solely for the purpose of preparing the DPA or statement of facts.[19/2018]

(7) Any material or information obtained by the Public Prosecutor in the course of negotiations for a DPA or proceedings under this Part (other than the material described in subsection (6)) may, if determined (in accordance with the rules of evidence under written law and any relevant rules of law) to be admissible in evidence, be used against the subject that enters into the DPA or any other person in any criminal proceedings relating to any offence.[19/2018]

—(1) Subsections (2) and (3) apply where a DPA in respect of an alleged offence is approved by the General Division of the High Court under section 149F.[19/2018; 40/2019]

(2) The statement of facts contained in the DPA is, in any criminal proceedings brought against the subject for the alleged offence, to be treated as an admission by the subject under section 267.[19/2018]

(3) However, the admission mentioned in subsection (2) cannot be withdrawn by the subject under section 267(4).[19/2018]

(4) Subsections (5) and (6) apply where the Public Prosecutor and a subject have entered into negotiations for a DPA in respect of an alleged offence, but the DPA has not been approved by the General Division of the High Court under section 149F.[19/2018; 40/2019]

(5) The material described in subsection (6) may be used in evidence against the subject only —(a)

on a prosecution for an offence consisting of the provision of inaccurate, misleading or incomplete information; or

(b)

on a prosecution for some other offence, if both of the following apply:(i)

in giving evidence, the subject makes a statement that is not consistent with the material;

(ii)

evidence relating to the material is adduced, or a question relating to the material is asked, by or on behalf of the subject in the proceedings arising out of the prosecution.[19/2018]

(6) For the purposes of subsection (5), the material is either or both of the following:(a)

material that shows that the subject entered into negotiations for a DPA, including, in particular —(i)

any draft of the DPA;

(ii)

any draft of a statement of facts intended to be included within the DPA; and

(iii)

any statement indicating that the subject entered into such negotiations;

(b)

material that was created solely for the purpose of preparing the DPA or statement of facts.[19/2018]

(7) Any material or information obtained by the Public Prosecutor in the course of negotiations for a DPA or proceedings under this Part (other than the material described in subsection (6)) may, if determined (in accordance with the rules of evidence under written law and any relevant rules of law) to be admissible in evidence, be used against the subject that enters into the DPA or any other person in any criminal proceedings relating to any offence.[19/2018]