Application to dismiss
Application to dismiss

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Application to dismiss
  • Application to dismiss
  • How to make an application to dismiss
  • The test
  • Judicial review of a decision to reject an application to dismiss
  • Remedy for prosecution if charge is dismissed

Application to dismiss

Under the CDA 1998, sch 3, para2(1), the defendant may (after the date when he is served with the documents containing the evidence on which the charge(s) are based, but before the date of arraignment) apply orally or in writing to the Crown Court for the charge(s) to be dismissed.

The defendant may apply to the Crown Court in question for all or any of the charges in the case to be dismissed.

The procedure is governed by the Criminal Procedure Rules 2015, SI 2015/1490, Pt 9 (CrimPR).

How to make an application to dismiss

An application to dismiss must be made before arraignment.

If the defendant wishes to make an oral application to dismiss, notice of his intention in the form prescribed by the Criminal Practice Directions must be given to the prosecution, any co-defendant, and the Crown Court.

See Allocation and sending for trial—sending of cases forthwith to the Crown Court for trial.

An application may be made to extend the time.

A notice of intention must be accompanied by any material upon which the defendant relies.

It must indicate whether the leave of the judge is sought to adduce oral evidence at the application and what witnesses it is proposed to call.

The prosecution may apply within fourteen da