OpenLegislation

Rule 12.3 Defendant’s notice to continueI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies where a prosecutor serves a notice to discontinue under section 23 of the 1985 Act.

(2)

A defendant who wants the case to continue must serve notice—

(a)

on the court officer; and

(b)

not more than 25 business days after service of the notice to discontinue.

(3)

If the defendant serves such a notice, the court officer must—

(a)

notify the prosecutor; and

(b)

refer the case to the court.

Annotations

Commencement

I1

Rule 12.3 in force at 6.10.2025, see Preamble