Rule 11.5 Application on breach of agreementI1
England and Wales
This rule applies where—
the prosecutor believes that the defendant has failed to comply with the terms of an agreement; and
the prosecutor wants the court to decide—
whether the defendant has failed to comply, and
if so, whether to terminate the agreement, or to invite the parties to agree proposals to remedy that failure.
The prosecutor must—
apply in writing, as soon as practicable after becoming aware of the grounds for doing so; and
serve the application on—
the court officer, and
the defendant.
The application must—
specify each respect in which the prosecutor believes the defendant has failed to comply with the terms of the agreement, and explain the reasons for the prosecutor’s belief; and
attach a copy of any document containing evidence on which the prosecutor relies.
A defendant who wants to make representations in response to the application must serve the representations on—
the court officer; and
the prosecutor,
not more than 20 business days after service of the application.
[Note. See paragraph 9 of Schedule 17 to the Crime and Courts Act 2013. See also rule 11.9 (Application to postpone the publication of information by the prosecutor).]