# The Criminal Procedure Rules 2025, Rule 41.5: Variation or withdrawal of notice of reference or application for permission

Extent: E+W

(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.

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/41.5 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-41.5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

