Application on breach of agreement
11.5.—(1) This rule applies where—
(a)the prosecutor believes that the defendant has failed to comply with the terms of an agreement; and
(b)the prosecutor wants the court to decide—
(i)whether the defendant has failed to comply, and
(ii)if so, whether to terminate the agreement, or to invite the parties to agree proposals to remedy that failure.
(2) The prosecutor must—
(a)apply in writing, as soon as practicable after becoming aware of the grounds for doing so; and
(b)serve the application on—
(i)the court officer, and
(ii)the defendant.
(3) The application must—
(a)specify each respect in which the prosecutor believes the defendant has failed to comply with the terms of the agreement, and explain the reasons for the prosecutor’s belief; and
(b)attach a copy of any document containing evidence on which the prosecutor relies.
(4) A defendant who wants to make representations in response to the application must serve the representations on—
(a)the court officer; and
(b)the prosecutor,
not more than 28 days after service of the application.
[Note. See paragraph 9 of Schedule 17 to the Crime and Courts Act 2013. See also rule 11.9 (Application to postpone the publication of information by the prosecutor).]