SCHEDULE 3 Procedure where persons are sent for trial under section 51
Applications for dismissal
2
(1)
A person who is sent for trial under section 51 F1or 51A of this Act on any charge or charges may, at any time—
(a)
after he is served with copies of the documents containing the evidence on which the charge or charges are based; and
(b)
before he is arraigned (and whether or not an indictment has been preferred against him),
apply orally or in writing to the Crown Court sitting at the place specified in the notice under F2section 51D(1) of this Act for the charge, or any of the charges, in the case to be dismissed.
(2)
The judge shall dismiss a charge (and accordingly quash any count relating to it in any indictment preferred against the applicant) which is the subject of any such application if it appears to him that the evidence against the applicant would not be sufficient for F3him to be properly convicted.
(3)
No oral application may be made under sub-paragraph (1) above unless the applicant has given to the Crown Court sitting at the place in question written notice of his intention to make the application.
F4(4)
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F4(5)
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(6)
If the charge, or any of the charges, against the applicant is dismissed—
(a)
no further proceedings may be brought on the dismissed charge or charges except by means of the preferment of a voluntary bill of indictment; and
(b)
unless the applicant is in custody otherwise than on the dismissed charge or charges, he shall be discharged.
(7)
F5Criminal Procedure Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—
(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.