{
  "url": "https://openlegislation.uk/crime-and-disorder-act-1998-dismissal-of-charges-sent-rules-1998/article-2",
  "json_url": "https://openlegislation.uk/crime-and-disorder-act-1998-dismissal-of-charges-sent-rules-1998/article-2.json",
  "legislation": "uksi/1998/3048",
  "legislation_title": "The Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998",
  "legislation_url": "https://openlegislation.uk/crime-and-disorder-act-1998-dismissal-of-charges-sent-rules-1998",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Oral applications for dismissal",
  "text": "(1) Where a person sent for trial under section 51 of the Act–\n(a) has been served under paragraph 1 of Schedule 3 thereto with copies of the documents containing the evidence on which the charge or charges against him are based; and\n(b) proposes to apply orally under paragraph 2(1) of that Schedule for any of the charges in the case to be dismissed,\nhe shall give notice in writing of his intention to the appropriate officer of the Crown Court at the place specified in the notice under section 51(7) of the Act.\n(2) A notice of intention to make an application shall be given not later than 14 days after the day on which the documents were served under paragraph 1 of Schedule 3 to the Act, and a copy thereof shall be given at the same time to the authority by or on behalf of whom the documents were served (“the prosecution”) and to any person with whom the applicant is jointly charged.\n(3) The time for giving notice may be extended, either before or after it expires, by the Crown Court, on an application made in accordance with paragraph (4) below.\n(4) An application for an extension of time for giving notice shall be made in writing specifying the grounds for the application and shall be sent to the appropriate officer of the Crown Court; and a copy thereof shall be given at the same time to the prosecution and to any person with whom the applicant is jointly charged.\n(5) The appropriate officer of the Crown Court shall give notice in writing of the judge’s decision on an application under paragraph (3) above–\n(a) to the applicant;\n(b) to the prosecution; and\n(c) to any other person with whom the applicant is jointly charged.\n(6) A notice of intention to make an application under paragraph 2(1) of Schedule 3 to the Act shall be accompanied by a copy of any material on which the applicant relies and shall–\n(a) specify the charge or charges to which it relates; and\n(b) state whether the leave of the judge is sought under paragraph 2(4) of Schedule 3 to the Act to adduce oral evidence on the application, indicating what witnesses it is proposed to call at the hearing.\n(7) Where leave is sought from the judge for oral evidence to be given on an application, notice of his decision, indicating what witnesses are to be called if leave is granted, shall be given by the appropriate officer of the Crown Court in writing to the prosecution, the applicant and any person with whom the applicant is jointly charged.\n(8) Where an application for dismissal under paragraph 2(1) of Schedule 3 to the Act is to be made orally, the appropriate officer of the Crown Court shall list the application for hearing before a judge of the Crown Court, and the prosecution shall be given the opportunity to be represented at the hearing.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "uksi/2005/384",
      "affecting_title": "The Criminal Procedure Rules 2005 (revoked)"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/3048/article/2",
    "retrieved_at": "2026-10-29T11:13:56.089661+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}