# The Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998, Article 4: Prosecution reply


(1) Not later than 7 days from the date of receiving a copy of the notice of intention to apply orally for the dismissal of any charge based on documents served under paragraph 1 of Schedule 3 to the Act, the prosecution may apply to the Crown Court for leave under paragraph 2(4) of that Schedule to adduce oral evidence at the hearing of the application, indicating what witnesses it is proposed to call.
(2) Not later than 7 days from the date of receiving a copy of a written application for dismissal under rule 3(2) above, the prosecution may apply to the Crown Court for an oral hearing of the application.
(3) An application under paragraph (1) or (2) above shall be made in writing to the appropriate officer of the Crown Court specifying the grounds of the application and in the case of an application under paragraph (2) above, stating whether the leave of the judge is sought under paragraph 2(4) of Schedule 3 to the Act to adduce oral evidence and, if so, indicating what witnesses it is proposed to call.
(4) Notice of the judge’s determination upon an application under paragraph (1) or (2) above, indicating what witnesses (if any) are to be called shall be served in writing by the appropriate officer of the Crown Court on the prosecution, the applicant for dismissal and any person with whom the applicant for dismissal is jointly charged.
(5) When, having received the material specified in rule 2(6) or, as the case may be, rule 3(2) above, the prosecution proposes to adduce in reply thereto any written comments, or any further evidence, it shall serve any such comments, copies of the statements or other documents outlining the evidence of any proposed witnesses and copies of any further documents on the appropriate officer of the Crown Court not later than 14 days from the date of receiving the said material, and shall at the same time serve copies thereof on the applicant and any person with whom the applicant is jointly charged.
(6) The time for–
(a) making an application under paragraph (1) or (2) above; or
(b) serving any material on the appropriate officer of the Crown Court under paragraph (5) above,
may be extended, either before or after it expires, by the Crown Court, on an application made in accordance with paragraph (7) below.
(7) An application for an extension of time under paragraph (6) above shall be made in writing and shall be given to the appropriate officer of the Crown Court; and a copy thereof shall be given at the same time to the applicant for dismissal and to any person with whom the applicant for dismissal is jointly charged.

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Source: https://www.legislation.gov.uk/uksi/1998/3048/article/4 (the official version)
Page: https://openlegislation.uk/crime-and-disorder-act-1998-dismissal-of-charges-sent-rules-1998/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.