(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.
Section history
Section 149H — Variation of terms of DPA
As in force on 1 January 2020.
Timeline 3 versions
- 31 October 2018 Act 19 of 2018, S 724 of 2018
- 1 January 2020 You are here
- 2 January 2021 Act 40 of 2019
- 17 August 2026 Latest
(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 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.
(3)A variation of the terms of a DPA only takes effect when the High Court approves the variation by making the relevant declaration.
(4)Where 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 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 High Court for its decision to make the relevant declaration, those reasons.
(5)Where 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 High Court under section 149J(1) or (2):
(a)the decision of the High Court;
(b)if any reasons are given by the High Court for that decision, those reasons.