OpenLegislation

Rule 25.5 Application to vacate a guilty pleaI1

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 party wants the court to vacate a guilty plea.

(2)

Such a party must—

(a)

apply in writing—

(i)

as soon as practicable after becoming aware of the grounds for doing so, and

(ii)

in any event, before the final disposal of the case, by sentence or otherwise; and

(b)

serve the application on—

(i)

the court officer, and

(ii)

the prosecutor.

(3)

Unless the court otherwise directs, the application must—

(a)

explain why it would be unjust for the guilty plea to remain unchanged;

(b)

indicate what, if any, evidence the applicant wishes to call;

(c)

identify any proposed witness; and

(d)

indicate whether legal professional privilege is waived, specifying any material name and date.

Annotations

Commencement

I1

Rule 25.5 in force at 6.10.2025, see Preamble