Rule 11.6 Application to approve a variation of the terms of an agreementI1
England and Wales
This rule applies where the parties have agreed to vary the terms of an agreement because—
on an application under rule 11.5 (Application on breach of agreement), the court has invited them to do so; or
variation of the agreement is necessary to avoid a failure by the defendant to comply with its terms in circumstances that were not, and could not have been, foreseen by either party at the time the agreement was made.
The prosecutor must—
apply in writing, as soon as practicable after the parties have settled the terms of the variation; and
serve the application on—
the court officer, and
the defendant.
The application must—
specify each variation proposed;
contain or attach the defendant’s written consent to the variation;
explain why—
the variation is in the interests of justice, and
the terms of the agreement as varied are fair, reasonable and proportionate; and
include any application for the hearing to be in private.
[Note. See paragraph 10 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).]