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Article 10 Amendments to the Criminal Procedure Rules 2005I1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In Part 39 (Trial on indictment)—

(a)

In the table of contents—

(i)

at the end of the first column, insert “Application to change a plea of guilty”, and

(ii)

at the end of the second column, insert “rule 39.3”;

(b)

In the note after rule 39.1 (Time limits for beginning of trials), omit “For time limits for the listing of plea and directions hearings see direction IV.42 in the Practice Direction.”; and

(c)

after rule 39.2 (Appeal against refusal to excuse from jury service or to defer attendance), insert—

“Application to change a plea of guilty

39.3
(1)

The defendant must apply as soon as practicable after becoming aware of the grounds for making an application to change a plea of guilty, and may only do so before the final disposal of the case, by sentence or otherwise.

(2)

Unless the court otherwise directs, the application must be in writing and it must—

(a)

set out the reasons why it would be unjust for the guilty plea to remain unchanged;

(b)

indicate what, if any, evidence the defendant wishes to call;

(c)

identify any proposed witness; and

(d)

indicate whether legal professional privilege is waived, specifying any material name and date.

(3)

The defendant must serve the written application on—

(a)

the court officer; and

(b)

the prosecutor.”.

Annotations

Commencement

I1

Rule 10 in force at 1.10.2007, see rule 1