SCHEDULE 17Deferred prosecution agreements
Part 1General
Court approval of DPA: preliminary hearing
7
(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.