OpenLegislation

Rule 3.19 Service of prosecution evidenceI1

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 the prosecutor—

(a)

serves a draft indictment under rule 10.4, 10.5, 10.6, 10.7 or 10.8 (service of draft indictment after sending for trial; with judicial permission or on judicial direction; in connection with a deferred prosecution agreement; on reinstitution of proceedings); and

(b)

serves on the defendant copies of the documents containing the evidence on which the prosecution case relies.

(2)

The prosecutor must at the same time serve copies of those documents on the Crown Court officer.

[Note. See the rules in Part 10 (The indictment) listed in this rule and the other legislation to which those rules refer.

See also the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005f1which apply where a case is sent for trial. The time for service of the prosecution evidence in such a case is prescribed by regulation 2. It is—

(a)

not more than 50 days after sending for trial, where the defendant is in custody; and

(b)

not more than 70 days after sending for trial, where the defendant is on bail.]

Annotations

Commencement

I1

Rule 3.19 in force at 6.10.2025, see Preamble

Footnotes

f1

S.I. 2005/902; amended by S.I. 2012/1345.