OpenLegislation

Rule 41.5 Variation or withdrawal of notice of reference or application for permissionI1

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 Attorney General wants to vary or withdraw—

(a)

a notice of reference; or

(b)

an application for permission to refer a sentencing case.

(2)

The Attorney General—

(a)

may vary or withdraw the notice or application without the court’s permission by serving notice on—

(i)

the Registrar, and

(ii)

the defendant

before any hearing of the reference or application; but

(b)

at any such hearing, may only vary or withdraw that notice or application with the court’s permission.

Annotations

Commencement

I1

Rule 41.5 in force at 6.10.2025, see Preamble