(a)a decision, on an application under section 149F(1), not to approve a DPA;
Section history
Section 149M — Appeals from certain decisions under this Part
As in force on 1 January 2019.
Timeline 4 versions
- 31 October 2018 Act 19 of 2018, S 724 of 2018
- 1 January 2019 You are here
- 2 January 2021 Act 40 of 2019
- 1 April 2022 Act 25 of 2021
- 17 August 2026 Latest
(1)The following decisions of the High Court under this Part are appealable:
(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.
(2)An appeal against a decision mentioned in subsection (1)(a) or (d) may only be made by the Public Prosecutor.
(3)An appeal against a decision mentioned in subsection (1)(b) or (c) may be made by the Public Prosecutor or the subject concerned.
(4)An appeal against a decision mentioned in subsection (1)(a) must be heard and dealt with in camera.
(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.