SCHEDULES
SCHEDULE 17Deferred prosecution agreements
Part 1General
Court approval of DPA: preliminary hearing
I17
1
After the commencement of negotiations between a prosecutor and P in respect of a DPA but before the terms of the DPA are agreed, the prosecutor must apply to the Crown Court for a declaration that—
a
entering into a DPA with P is likely to be in the interests of justice, and
b
the proposed terms of the DPA are fair, reasonable and proportionate.
2
The court must give reasons for its decision on whether or not to make a declaration under sub-paragraph (1).
3
The prosecutor may make a further application to the court for a declaration under sub-paragraph (1) if, following the previous application, the court declined to make a declaration.
4
A hearing at which an application under this paragraph is determined must be held in private, any declaration under sub-paragraph (1) must be made in private, and reasons under sub-paragraph (2) must be given in private.