Rule 8 Amendments to the Criminal Procedure Rules

in paragraph (13) omit “or telephone”, and

after paragraph (13) insert—

“(14)

The court may decline to issue a summons or warrant if, for example—

(a)

a court has previously determined an application by the same prosecutor which alleged the same or substantially the same offence against the same defendant on the same or substantially the same asserted facts;

(b)

the prosecutor fails to disclose all the information that is material to what the court must decide;

(c)

the prosecutor has—

(i)

reached a binding agreement with the defendant not to prosecute, or

(ii)

made representations that no prosecution would be brought, on which the defendant has acted to the defendant’s detriment;

(d)

the prosecutor asserts facts incapable of proof in a criminal court as a matter of law;

(e)

the prosecution would constitute an assertion that the decision of another court or authority was wrong where that decision has been, or could have been, or could be, questioned in other proceedings or by other lawful means; or

(f)

the prosecutor’s dominant motive would render the prosecution an abuse of the process of the court.”; and

at the end of sub-paragraph (i) omit “and”, and

after sub-paragraph (ii) insert—

“(iii)

the prosecutor, unless the prosecutor is a public authority; and”.