SCHEDULES

SCHEDULE 17Deferred prosecution agreements

Part 1General

Use of material in criminal proceedings

I113

1

Sub-paragraph (2) applies where a DPA between a prosecutor and P has been approved by the Crown Court under paragraph 8.

2

The statement of facts contained in the DPA is, in any criminal proceedings brought against P for the alleged offence, to be treated as an admission by P under section 10 of the Criminal Justice Act 1967 (proof by formal admission).

3

Sub-paragraph (4) applies where a prosecutor and P have entered into negotiations for a DPA but the DPA has not been approved by the Crown Court under paragraph 8.

4

Material described in sub-paragraph (6) may only be used in evidence against P—

a

on a prosecution for an offence consisting of the provision of inaccurate, misleading or incomplete information, or

b

on a prosecution for some other offence where in giving evidence P makes a statement inconsistent with the material.

5

However, material may not be used against P by virtue of sub-paragraph (4)(b) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of P in the proceedings arising out of the prosecution.

6

The material is—

a

material that shows that P entered into negotiations for a DPA, including in particular—

i

any draft of the DPA;

ii

any draft of a statement of facts intended to be included within the DPA;

iii

any statement indicating that P entered into such negotiations;

b

material that was created solely for the purpose of preparing the DPA or statement of facts.