§ 149M — Appeals from certain decisions under this Part

149M.—(1) The following decisions of the General Division of the High Court under this Part are appealable:(a)

a decision, on an application under section 149F(1), not to approve a DPA;

(b)

a decision, on an application under section 149G(1), that the subject that entered into a DPA has failed to comply with the terms of the DPA;

(c)

a decision, on an application under section 149G(1), that the subject that entered into a DPA did not fail to comply with the terms of the DPA;

(d)

a decision, on an application under section 149H(2), not to approve a variation of the terms of a DPA.[19/2018; 40/2019]

(2) An appeal against a decision mentioned in subsection (1)(a) or (d) may only be made by the Public Prosecutor.[19/2018]

(3) An appeal against a decision mentioned in subsection (1)(b) or (c) may be made by the Public Prosecutor or the subject concerned.[19/2018]

(4) An appeal against a decision mentioned in subsection (1)(a) must be heard and dealt with in private.[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(5) A refusal by the Court of Appeal, on an appeal against a decision mentioned in subsection (1)(a), to approve a DPA entered into between the Public Prosecutor and a subject in respect of an alleged offence, does not prevent the Public Prosecutor from making another application under section 149F(1), for the approval of a different DPA entered into with the same subject in respect of the same alleged offence.[19/2018]

—(1) The following decisions of the General Division of the High Court under this Part are appealable:(a)

a decision, on an application under section 149F(1), not to approve a DPA;

(b)

a decision, on an application under section 149G(1), that the subject that entered into a DPA has failed to comply with the terms of the DPA;

(c)

a decision, on an application under section 149G(1), that the subject that entered into a DPA did not fail to comply with the terms of the DPA;

(d)

a decision, on an application under section 149H(2), not to approve a variation of the terms of a DPA.[19/2018; 40/2019]

(2) An appeal against a decision mentioned in subsection (1)(a) or (d) may only be made by the Public Prosecutor.[19/2018]

(3) An appeal against a decision mentioned in subsection (1)(b) or (c) may be made by the Public Prosecutor or the subject concerned.[19/2018]

(4) An appeal against a decision mentioned in subsection (1)(a) must be heard and dealt with in private.[19/2018]

[Act 25 of 2021 wef 01/04/2022]

(5) A refusal by the Court of Appeal, on an appeal against a decision mentioned in subsection (1)(a), to approve a DPA entered into between the Public Prosecutor and a subject in respect of an alleged offence, does not prevent the Public Prosecutor from making another application under section 149F(1), for the approval of a different DPA entered into with the same subject in respect of the same alleged offence.[19/2018]