# The Criminal Procedure Rules 2025, Rule 12.3: Defendant’s notice to continue

Extent: E+W

(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.

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/12.3 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-12.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

