Explanatory note

These Rules make provision for the purposes of Schedule 6 paragraph 5 of the Criminal Justice Act 1991 (c. 53), which permits a person whose case has been transferred to the Crown Court under section 53 of that Act to apply to a Crown Court judge for the charge or charges to be dismissed.

By virtue of rule 1(1), the Rules come into force on 1st October 1992.

Rule 2 makes provision for oral applications for dismissal. Rule 3 relates to written applications. Rule 4 makes provision for the prosecution response. Rule 5 provides for the notification of determinations on applications where there is no oral hearing and permits witnesses to be heard by leave of the judge notwithstanding failure to give proper notice. Rule 6 provides for the service of documents, and rule 7 and the Schedule provide for the necessary forms for use in connection with applications.