{
  "url": "https://openlegislation.uk/criminal-justice-act-1987-dismissal-of-transferred-charges-rules-1988/article-2",
  "json_url": "https://openlegislation.uk/criminal-justice-act-1987-dismissal-of-transferred-charges-rules-1988/article-2.json",
  "legislation": "uksi/1988/1695",
  "legislation_title": "The Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988",
  "legislation_url": "https://openlegislation.uk/criminal-justice-act-1987-dismissal-of-transferred-charges-rules-1988",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Oral applications for dismissal",
  "text": "(1) Where notice of transfer has been given by the prosecution under section 4 of the Act and a person to whom it relates proposes to apply orally under section 6(1) thereof for any charge in the case to be dismissed, he shall give notice in writing in Form 5301 of his intention to the appropriate officer of the Crown Court at the place specified by the notice of transfer as the proposed place of trial.\n(2) A notice of intention to make such an application shall be given not later than 28 days after the day on which notice of transfer was given, and a copy thereof shall be given at the same time to the authority by or on behalf of whom notice of transfer was given and to any other person to whom the notice of transfer relates.\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 in Form 5301 specifying the grounds of 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 authority by or on behalf of whom notice of transfer was given and to any other person to whom the notice of transfer relates.\n(5) The appropriate officer of the Crown Court shall give notice in Form 5303 of the judge’s decision on an application under paragraph (3) above —\n(a) to the applicant;\n(b) to the authority by or on behalf of whom notice of transfer was given; and\n(c) to any other person to whom the notice of transfer relates.\n(6) A notice of intention to make an application under section 6(1) of 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 section 6(3) of 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 Form 5303 to the authority by or on behalf of whom the notice of transfer was given and to any other party to whom notice of transfer relates.\n(8) Where an application for dismissal under section 6(1) of 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.",
  "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/1988/1695/article/2",
    "retrieved_at": "2026-10-29T15:57:17.693600+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."
}