Application to withdraw a guilty plea
This section has no associated Explanatory Memorandum
37.9.—(1) This rule applies where the defendant wants to withdraw a guilty plea.
(2) The defendant must apply to do so—
(a)as soon as practicable after becoming aware of the reasons for doing so; and
(b)before sentence.
(3) Unless the court otherwise directs, the application must be in writing and the defendant must serve it on—
(a)the court officer; and
(b)the prosecutor.
(4) The application must—
(a)explain why it would be unjust not to allow the defendant to withdraw the guilty plea;
(b)identify—
(i)any witness that the defendant wants to call, and
(ii)any other proposed evidence; and
(c)say whether the defendant waives legal professional privilege, giving any relevant name and date.