The Criminal Procedure Rules 2015

Application to lift suspension of prosecution

This section has no associated Explanatory Memorandum

11.7.—(1) This rule applies where—

(a)the court terminates an agreement before its expiry date; and

(b)the prosecutor wants the court to lift the suspension of the prosecution that applied when the court approved the terms of the agreement.

(2) The prosecutor must—

(a)apply in writing, as soon as practicable after the termination of the agreement; and

(b)serve the application on—

(i)the court officer, and

(ii)the defendant.

(3) 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 paragraphs 2(3) and 9 of Schedule 17 to the Crime and Courts Act 2013.]