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Section history

Section 149M — Appeals from certain decisions under this Part

Consolidated view is experimental and may be broken for certain provisions.

Amendments
149M.Appeals from certain decisions under this Part

(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.

(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 cameraprivate.

(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.