What Is A Deferred Prosecution Agreement Hearing

To be eligible for deferred prosecution under this Act, a defendant must be charged with a Class H or I crime or misdemeanour and (at the request of the attorney and the defendant), the court must establish each of the following facts: A final application is made once the court has approved the proposal to enter into an agreement at the preliminary hearing. so that the court can make a statement that ODA is in the interests of justice and that the final terms of ODA are fair, reasonable and proportionate. [85] The final terms of the ODA are explained in the final application, as well as the final terms of the ODA themselves, the agreed statement of facts, the draft indictment, and the confirmation by the prosecutor whose review of the evidence was successful. Documents must be submitted confidentially before the oral proceedings.

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