{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-28.11",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-28.11.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/28.11",
  "kind": "rule",
  "number": "28.11",
  "heading": "Assistance to an investigator, etc.: applications under the Sentencing Act 2020",
  "text": "(1) This rule applies where on application by the prosecutor the Crown Court can—\n(a) reduce a sentence that it passes, under section 74 or section 388 of the Sentencing Act 2020 (assistance or agreement to assist before or after sentence); or\n(b) increase a sentence that it has passed, under section 387 of the Sentencing Act 2020 (failure after sentence to give agreed assistance).\n(2) A prosecutor who wants the court to exercise that power must—\n(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;\n(b) serve the application on—\n(i) the court officer, and\n(ii) the defendant; and\n(c) in the application—\n(i) explain why the sentence should be reduced, or increased, as appropriate, and\n(ii) identify any other matter relevant to the court’s decision, including any sentencing guideline or guideline case.\n(3) The general rule is that the application must be determined by the judge who passed the sentence, unless that judge is unavailable.\n(4) The court must not determine the application in the defendant’s absence unless the defendant has had an opportunity to make representations at a hearing (whether or not the defendant in fact attends).\n[Note. Under section 74 of the Sentencing Act 2020, the Crown Court may pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.\nUnder sections 387 and 388 of the 2020 Act, where the Crown Court has sentenced a defendant a prosecutor may apply to the court—\n(a) to reduce the sentence, if the defendant subsequently assists, or agrees to assist, in the investigation or prosecution of an offence; or\n(b) to increase a reduced sentence to that which the court otherwise would have passed, if the defendant agreed to give such assistance but subsequently has knowingly failed to do so.\nSuch an application may be made only wherethe defendant is still serving the sentence and the prosecutor thinks it is in the interests of justice to apply.]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 28.11 in force at 6.10.2025, see Preamble"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2020 c. 17; section 74 was amended by section 10 of the Counter-Terrorism and Sentencing Act 2021 (c. 11) and is further amended by section 408 of, and paragraph 38B of Schedule 22 to, the 2020 Act with effect from a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2020 c. 17."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2020 c. 17."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/28.11",
    "retrieved_at": "2026-10-28T21:12:44.140935+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}