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The Criminal Procedure Rules 2015

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Application to withdraw a guilty plea

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24.10.—(1) This rule applies where the defendant wants to withdraw a guilty plea.

(2) The defendant must apply to do so—

(a)as soon as practicable after becoming aware of the reasons for doing so; and

(b)before sentence.

(3) Unless the court otherwise directs, the application must be in writing and the defendant must serve it on—

(a)the court officer; and

(b)the prosecutor.

(4) The application must—

(a)explain why it would be unjust not to allow the defendant to withdraw the guilty plea;

(b)identify—

(i)any witness that the defendant wants to call, and

(ii)any other proposed evidence; and

(c)say whether the defendant waives legal professional privilege, giving any relevant name and date.

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