The Criminal Procedure Rules 2015

Application to vacate a guilty plea

25.5.—(1) This rule applies where a party wants the court to vacate a guilty plea.

(2) Such a party must—

(a) apply in writing—

(i) as soon as practicable after becoming aware of the grounds for doing so, and

(ii) in any event, before the final disposal of the case, by sentence or otherwise; and

(b) serve the application on—

(i) the court officer, and

(ii) the prosecutor.

(3) Unless the court otherwise directs, the application must—

(a) explain why it would be unjust for the guilty plea to remain unchanged;

(b) indicate what, if any, evidence the applicant wishes to call;

(c) identify any proposed witness; and

(d) indicate whether legal professional privilege is waived, specifying any material name and date.