PART 25TRIAL AND SENTENCE IN THE CROWN COURT

Application to vacate a guilty plea25.5

1

This rule applies where a party wants the court to vacate a guilty plea.

2

Such a party must—

a

apply in writing—

i

as soon as practicable after becoming aware of the grounds for doing so, and

ii

in any event, before the final disposal of the case, by sentence or otherwise; and

b

serve the application on—

i

the court officer, and

ii

the prosecutor.

3

Unless the court otherwise directs, the application must—

a

explain why it would be unjust for the guilty plea to remain unchanged;

b

indicate what, if any, evidence the applicant wishes to call;

c

identify any proposed witness; and

d

indicate whether legal professional privilege is waived, specifying any material name and date.