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PART 3CASE MANAGEMENT

PREPARATION FOR TRIAL IN THE CROWN COURT

Application to stay case for abuse of process

3.20.—(1) This rule applies where a defendant wants the Crown Court to stay the case on the grounds that the proceedings are an abuse of the court, or otherwise unfair.

(2) Such a defendant must—

(a)apply in writing—

(i)as soon as practicable after becoming aware of the grounds for doing so,

(ii)at a pre-trial hearing, unless the grounds for the application do not arise until trial, and

(iii)in any event, before the defendant pleads guilty or the jury (if there is one) retires to consider its verdict at trial;

(b)serve the application on—

(i)the court officer, and

(ii)each other party; and

(c)in the application—

(i)explain the grounds on which it is made,

(ii)include, attach or identify all supporting material,

(iii)specify relevant events, dates and propositions of law, and

(iv)identify any witness the applicant wants to call to give evidence in person.

(3) A party who wants to make representations in response to the application must serve the representations on—

(a)the court officer; and

(b)each other party,

not more than 14 days after service of the application.