Application to approve the terms of an agreementE+W
11.4.—(1) This rule applies where—
(a)the court has approved a proposal to enter an agreement on an application under rule 11.3; and
(b)the prosecutor wants the court to approve the terms of the agreement.
(2) The prosecutor must—
(a)apply in writing as soon as practicable after the parties have settled the terms; and
(b)serve the application on—
(i)the court officer, and
(ii)the defendant.
(3) The application must—
(a)attach the agreement;
(b)indicate in what respect, if any, the terms of the agreement differ from those proposed in the application under rule 11.3;
(c)contain or attach the defendant’s written consent to the agreement;
(d)explain why—
(i)the agreement is in the interests of justice, and
(ii)the terms of the agreement are fair, reasonable and proportionate;
(e)attach a draft indictment, charging the defendant with the offence or offences the subject of the agreement; and
(f)include any application for the hearing to be in private.
(4) If the court approves the agreement and the draft indictment, the court officer must—
(a)endorse any paper copy of the indictment made for the court with—
(i)a note to identify it as the indictment approved by the court, and
(ii)the date of the court’s approval; and
(b)treat the case as if it had been suspended by order of the court.
[Note. See paragraph 8 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).
Under paragraph 2(1) of Schedule 17 to the 2013 Act and section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933(1), the draft indictment to which this rule applies becomes an indictment when the court approves the agreement and consents to the service of that draft. Part 10 contains rules about indictments.
Under paragraph 2(2) of Schedule 17 to the 2013 Act, on approval of the draft indictment the proceedings are automatically suspended.
Under paragraph 13(2) of Schedule 17 to the 2013 Act, where the court approves an agreement the statement of facts contained in that agreement is to be treated as an admission by the defendant under section 10 of the Criminal Justice Act 1967(2) (proof by formal admission) in any criminal proceedings against the defendant for the alleged offence.]
Commencement Information
I1Rule 11.4 in force at 5.10.2020, see Preamble
1933 c. 36; section 2 was amended by Part IV of Schedule 11 to, the Courts Act 1971 (c. 23), Schedule 5 to, the Senior Courts Act 1981 (c. 54), Schedule 2 to the Prosecution of Offences Act 1985 (c. 23), paragraph 1 of Schedule 2 to the Criminal Justice Act 1987 (c. 38), paragraph 10 of Schedule 15 to the Criminal Justice Act 1988 (c. 33), paragraph 8 of Schedule 6 to the Criminal Justice Act 1991 (c. 53), Schedule 1 to the Statute Law (Repeals) Act 1993, paragraph 17 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25), paragraph 5 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37), paragraph 34 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), paragraph 1 of the Schedule to S.I. 2004/2035, section 12 of, and paragraph 7 of Schedule 1 to, the Constitutional Reform Act 2005 (c. 4), sections 116 and 178 of, and Part 3 of Schedule 23 to, the Coroners and Justice Act 2009 (c. 25), paragraph 32 of Schedule 17 to the Crime and Courts Act 2013 (c. 22) and section 82 of the Deregulation Act 2015 (c. 20).