The Criminal Procedure Rules 2005

Time for making application

15.2.—(1) Subject to paragraphs (2) and (3), an application under section 7(2) of the Criminal Justice Act 1987 or section 29(4) of the Criminal Procedure and Investigations Act 1996 shall be made within 28 days of—

(a) committal for trial;

(b) transfer of proceedings for trial; or

(c) preferment of a bill of indictment under the authority of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933(1).

(2) Where paragraph (1)(b) above would otherwise apply and an application for dismissal of the offence charged is made within 28 days of the transfer of proceedings for trial, then an application under section 7(2) of the 1987 Act or section 29(4) of the 1996 Act shall be made—

(a) within 28 days of the transfer of proceedings for trial; or

(b) no later than 7 days after the said application for dismissal is determined or withdrawn, if the last mentioned period expires later than the period referred to in paragraph (2)(a).

(3) The time for making an application under section 7(2) of the 1987 Act or section 29(4) of the 1996 Act may be extended by the Crown Court, either before or after it expires, on an application made in accordance with paragraph (4).

(4) An application for an extension of time under paragraph (3) shall be made in the form set out in the Practice Direction, specifying the grounds of the application and shall be served on the Crown Court officer, and a copy of the application shall at the same time as it is served on that officer be served on the other party, or if there is more than one, each of the other parties in the case.

(5) An application for an extension of time under paragraph (3) shall be determined by a judge of the Crown Court without a hearing unless the judge otherwise directs, and the Crown Court officer shall serve notice on the parties in the case of the time and place of any such hearing.

(6) The Crown Court officer shall serve notice of the judge’s decision on an application under paragraph (3) on the parties in the case.

[Note. Formerly rule 4 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 4 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997.]

(1)

1933 c. 36; section 2(2)(b) was amended by section 152(1) of, and Schedule 5 to, the Supreme Court Act 1981 (c. 54) and section 31(6) of, and Schedule 2 to, the Prosecution of Offences Act 1985 (c. 23).