The Criminal Procedure Rules 2015

Application to approve a proposal to enter an agreement

11.3.—(1) This rule applies where a prosecutor wants the court to approve a proposal to enter an agreement.

(2) The prosecutor must—

(a) apply in writing after the commencement of negotiations between the parties but before the terms of agreement have been settled; and

(b) serve the application on—

(i) the court officer, and

(ii) the defendant.

(3) The application must—

(a) identify the parties to the proposed agreement;

(b) attach a proposed indictment setting out such of the offences listed in Part 2 of Schedule 17 to the Crime and Courts Act 2013 as the prosecutor is considering;

(c) include or attach a statement of facts proposed for inclusion in the agreement, which must give full particulars of each alleged offence, including details of any alleged financial gain or loss;

(d) include any information about the defendant that would be relevant to sentence in the event of conviction for the offence or offences;

(e) specify the proposed expiry date of the agreement;

(f) describe the proposed terms of the agreement, including details of any—

(i) monetary penalty to be paid by the defendant, and the time within which any such penalty is to be paid,

(ii) compensation, reparation or donation to be made by the defendant, the identity of the recipient of any such payment and the time within which any such payment is to be made,

(iii) surrender of profits or other financial benefit by the defendant, and the time within which any such sum is to be surrendered,

(iv) arrangement to be made in relation to the management or conduct of the defendant’s business,

(v) co-operation required of the defendant in any investigation related to the offence or offences,

(vi) other action required of the defendant,

(vii) arrangement to monitor the defendant’s compliance with a term,

(viii) consequence of the defendant’s failure to comply with a term, and

(ix) prosecution costs to be paid by the defendant, and the time within which any such costs are to be paid;

(g) in relation to those terms, explain how they comply with—

(i) the requirements of the code issued under paragraph 6 of Schedule 17 to the Crime and Courts Act 2013, and

(ii) any sentencing guidelines or guideline cases which apply;

(h) contain or attach the defendant’s written consent to the proposal; and

(i) explain why—

(i) entering into an agreement is likely to be in the interests of justice, and

(ii) the proposed terms of the agreement are fair, reasonable and proportionate.

(4) If the proposed statement of facts includes assertions that the defendant does not admit, the application must—

(a) specify the facts that are not admitted; and

(b) explain why that is immaterial for the purposes of the proposal to enter an agreement.

[Note. See paragraphs 5 and 7 of Schedule 17 to the Crime and Courts Act 2013.]