SCHEDULES
SCHEDULE 17Deferred prosecution agreements
Part 1General
Variation of DPA
10
1
At any time when a DPA is in force, the prosecutor and P may agree to vary its terms if—
a
the court has invited the parties to vary the DPA under paragraph 9(3)(a), or
b
variation of the DPA is necessary to avoid a failure by P to comply with its terms in circumstances that were not, and could not have been, foreseen by the prosecutor or P at the time that the DPA was agreed.
2
When the prosecutor and P have agreed to vary the terms of a DPA, the prosecutor must apply to the Crown Court for a 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 a DPA only takes effect when it is approved by the Crown Court making a declaration under sub-paragraph (2).
4
The court must give reasons for its decision on whether or not to make a declaration under sub-paragraph (2).
5
A hearing at which an application under this paragraph is determined may be held in private.
6
But if the court decides to approve the variation and make a declaration under sub-paragraph (2) it must do so, and give its reasons, in open court.
7
Where the court decides not to approve the variation, the prosecutor must publish the court's decision and the reasons for it, unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).
8
Where the court decides to approve the variation the prosecutor must publish—
a
the DPA as varied, and
b
the court's declaration under this paragraph and the reasons for its decision to make the declaration,
unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).