(1)Where notice of transfer has been given, any person to whom the notice relates, at any time before he is arraigned (and whether or not an indictment has been preferred against him), may apply orally or in writing to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial for the charge, or any of the charges, in the case to be dismissed; and the judge shall dismiss a charge (and accordingly quash a count relating to it in any indictment preferred against the applicant) if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him.
(2)No oral application may be made under subsection (1) above unless the applicant has given the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial written notice of his intention to make the application.
(3)Oral evidence may be given on such an application only with the leave of the judge or by his order, and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.
(4)If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but he does not do so, the judge may disregard any document indicating the evidence that he might have given.
(5)Dismissal of the charge, or all the charges, against the applicant shall have the same effect as a refusal by examining magistrates to commit for trial, except that no further proceedings may be brought on a dismissed charge except by means of the preferment of a voluntary bill of indictment.
(6)[F2Criminal Procedure Rules] may make provision for the purposes of this section and, without prejudice to the generality of this subsection—
(a)as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);
(b)as to the contents and form of notices or other documents;
(c)as to the manner in which evidence is to be submitted; and
(d)as to persons to be served with notices or other material.]
Textual Amendments
F1S. 6 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 144(5), Sch. 8 para. 16
F2Words in s. 6(6) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 2(1), Sch. para. 22 (with art. 2(2))
Modifications etc. (not altering text)
C1S. 6 modified (10.4.1995) by 1994 c. 33, ss. 34(2)(b)(i)(4)-(7), 36(2)(b)(i)(3)-(8), 37(2)(b)(i)(3)-(7),38; S.I. 1995/721, art. 2,Sch.
S. 6 modified (3.2.1995) by 1984 c. 60, s. 62(10)(aa) (as inserted (3.2.1995) by 1994 c. 33, s. 168(3), Sch. 9 para.24; S.I. 1995/127, art. 2(1), Sch. 1Appendix A)