Rule 12.2 Discontinuing a caseI1

England and Wales

(1)

A prosecutor exercising a power to which this Part applies must serve notice on—

(a)

the court officer;

(b)

the defendant; and

(c)

any custodian of the defendant.

(2)

Such a notice must—

(a)

identify—

(i)

the defendant and each offence to which the notice relates,

(ii)

the person serving the notice, and

(iii)

the power that that person is exercising; and

(b)

explain—

(i)

in the copy of the notice served on the court officer, the reasons for discontinuing the case,

(ii)

that the notice brings the case to an end,

(iii)

if the defendant is in custody for any offence to which the notice relates, that the defendant must be released from that custody, and

(iv)

if the notice is under section 23 of the 1985 Act, that the defendant has a right to require the case to continue.

(3)

Where the defendant is on bail, the court officer must notify—

(a)

any surety; and

(b)

any person responsible for monitoring or securing the defendant’s compliance with a condition of bail.

Annotations