PART 11DEFERRED PROSECUTION AGREEMENTS

Application to approve the terms of an agreementI111.4

1

This rule applies where—

a

the court has approved a proposal to enter an agreement on an application under rule 11.3; and

b

the prosecutor wants the court to approve the terms of the agreement.

2

The prosecutor must—

a

apply in writing as soon as practicable after the parties have settled the terms; and

b

serve the application on—

i

the court officer, and

ii

the defendant.

3

The application must—

a

attach the agreement;

b

indicate in what respect, if any, the terms of the agreement differ from those proposed in the application under rule 11.3;

c

contain or attach the defendant’s written consent to the agreement;

d

explain why—

i

the agreement is in the interests of justice, and

ii

the terms of the agreement are fair, reasonable and proportionate;

e

attach a draft indictment, charging the defendant with the offence or offences the subject of the agreement; and

f

include any application for the hearing to be in private.

4

If the court approves the agreement and the draft indictment, the court officer must—

a

endorse any paper copy of the indictment made for the court with—

i

a note to identify it as the indictment approved by the court, and

ii

the date of the court’s approval; and

b

treat the case as if it had been suspended by order of the court.

[Note. See paragraph 8 of Schedule 17 to the Crime and Courts Act 2013. See also rule 11.9 (Application to postpone the publication of information by the prosecutor).

Under paragraph 2(1) of Schedule 17 to the 2013 Act and section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933276, the draft indictment to which this rule applies becomes an indictment when the court approves the agreement and consents to the service of that draft. Part 10 contains rules about indictments.

Under paragraph 2(2) of Schedule 17 to the 2013 Act, on approval of the draft indictment the proceedings are automatically suspended.

Under paragraph 13(2) of Schedule 17 to the 2013 Act, where the court approves an agreement the statement of facts contained in that agreement is to be treated as an admission by the defendant under section 10 of the Criminal Justice Act 1967277 (proof by formal admission) in any criminal proceedings against the defendant for the alleged offence.]