Rule 24.10 Application to withdraw a guilty pleaI1

England and Wales

(1)

This rule applies where the defendant wants to withdraw a guilty plea.

(2)

The defendant must apply to do so—

(a)

as soon as practicable after becoming aware of the reasons for doing so; and

(b)

before sentence.

(3)

Unless the court otherwise directs, the application must be in writing and the defendant must serve it on—

(a)

the court officer; and

(b)

the prosecutor.

(4)

The application must—

(a)

explain why it would be unjust not to allow the defendant to withdraw the guilty plea;

(b)

identify—

(i)

any witness that the defendant wants to call, and

(ii)

any other proposed evidence; and

(c)

say whether the defendant waives legal professional privilege, giving any relevant name and date.

Annotations