# The Criminal Procedure Rules 2025, Rule 12.1: When this Part applies

Extent: E+W

(1) This Part applies where—
(a) the Director of Public Prosecutions can discontinue a case in a magistrates’ court, under section 23 of the Prosecution of Offences Act 1985; or
(b) the Director of Public Prosecutions, or another public prosecutor, can discontinue a case sent for trial in the Crown Court, under section 23A of the Prosecution of Offences Act 1985.
(2) In this Part, ‘prosecutor’ means one of those authorities.
[Note. Under section 23 of the Prosecution of Offences Act 1985, the Director of Public Prosecutions may discontinue proceedings in a magistrates’ court, before the court—
(a) sends the defendant for trial in the Crown Court; or
(b) begins to hear the prosecution evidence, at a trial in the magistrates’ court.
Under section 23(4) of the 1985 Act, the Director may discontinue proceedings where a person charged is in custody but has not yet been brought to court.
Under section 23 of the 1985 Act, the defendant has a right to require the proceedings to continue. See rule 12.3.
Under section 23A of the 1985 Act, the Director of Public Prosecutions, or a public authority within the meaning of section 17 of that Act, may discontinue proceedings where the defendant was sent for trial in the Crown Court under section 51 of the Crime and Disorder Act 1998. In such a case—
(a) the prosecutor must discontinue before a draft indictment becomes an indictment under rule 10.2(5); and
(b) the defendant has no right to require the proceedings to continue.
Where a prosecution does not proceed, the court has power to order the payment of the defendant’s costs out of central funds. See rule 45.4.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/12.1 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-12.1/enacted
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.