12.3.—(1) This rule applies where a prosecutor serves a notice to discontinue under section 23 of the 1985 Act.
(2) A defendant who wants the case to continue must serve notice—
(a)on the court officer; and
(b)not more than 35 days after service of the notice to discontinue.
(3) If the defendant serves such a notice, the court officer must—
(a)notify the prosecutor; and
(b)refer the case to the court.