The Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988

Prosecution reply

4.—(1) Not later than seven days from the date of service of notice of intention to apply orally for the dismissal of any charge contained in a notice of transfer, the authority by or on behalf of whom notice of transfer was given may apply to the Crown Court for leave under section 6(3) of the Act to adduce oral evidence at the hearing of the application, indicating what witnesses it is proposed to call.

(2) Not later than seven days from the date of receiving a copy of an application for dismissal under rule 3(2) above, the authority by or on behalf of whom notice of transfer was given may apply to the Crown Court for an oral hearing of the application.

(3) An application under paragraph (1) or (2) above shall be made in writing in Form 5302 to the appropriate officer of the Crown Court specifying the grounds of the application and, in the case of an application under paragraph (2) above, stating whether the leave of the judge is sought under section 6(3) of the Act to adduce oral evidence and, if so, indicating what witnesses it is proposed to call.

(4) Notice of the judge’s determination upon an application under paragraph (1) or (2) above, indicating what witnesses (if any) are to be called shall be served in Form 5303 by the appropriate officer of the Crown Court on the authority making the application and on any other party to whom the notice of transfer relates.

(5) Where, having received the material specified in rule 2(6) or, as the case may be, rule 3(2) above, the authority by or on behalf of whom notice of transfer was given proposes to adduce in reply thereto any written comments or any further evidence, the authority shall serve any such comments, copies of the statements or other documents outlining the evidence of any proposed witnesses and copies of any further documents on the appropriate officer of the Crown Court not later than fourteen days from the date of receiving the said material, and shall at the same time serve copies thereof on all parties to whom the notice of transfer relates.

(6) The time for —

(a) making an application under paragraph (1) or (2) above; or

(b) serving any material on the appropriate officer of the Crown Court under paragraph (5) above,

may be extended, either before or after it expires, by the Crown Court, on an application made in accordance with paragraph (7) below.

(7) An application for an extension of time under paragraph (6) above shall be made in writing in Form 5302 and shall be served on the appropriate officer of the Crown Court; and a copy thereof shall be served at the same time on to the applicant for dismissal and on any other person to whom the notice of transfer relates.