Article 6 WithdrawalI1

Northern Ireland Not yet in force

(1)

An application may be withdrawn only with leave of the court.

(2)

Subject to paragraph (3), a person seeking leave to withdraw an application shall file and serve on the parties and the Crown Solicitor a written request for leave setting out the reasons for the request.

(3)

The request under paragraph (2) may be made orally to the court if the parties are present.

(4)

Upon receipt of a written request under paragraph (2), the court shall—

(a)

if—

(i)

the parties consent in writing, and

(ii)

the court thinks fit,

grant the request, in which case the clerk of petty sessions shall notify the parties and the Crown Solicitor of the granting of the request; or

(b)

fix a date for the hearing of the request and the clerk of petty sessions shall give at least 7 days' notice to the parties and the Crown Solicitor of the date so fixed.

Annotations

Commencement

I1: Rule 6 in operation at 20.5.2002, see rule 1