# The Criminal Procedure Rules 2025, Rule 9.12: Adult defendant: prosecutor’s application for Crown Court trial

Extent: E+W

(1) This rule applies where—
(a) rule 9.11 applies;
(b) the defendant agrees to trial in a magistrates’ court; but
(c) the prosecutor wants the court to exercise its power to send the defendant to the Crown Court for trial instead.
(2) The prosecutor must—
(a) apply before trial in a magistrates’ court begins under Part 24 (Trial and sentence in a magistrates’ court); and
(b) notify—
(i) the defendant, and
(ii) the magistrates’ court officer.
(3) The court must determine an application to which this rule applies before it deals with any other pre-trial application.
[Note. See sections 8A and 25 of the Magistrates’ Courts Act 1980. Under section 25(2B), the court may grant an application to which this rule applies only if it is satisfied that the sentence which a magistrates’ court would have power to impose would be inadequate.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/9.12 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-9.12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.