The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Under paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), 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 Part 3 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR).
If the defendant wishes to make an application to dismiss, they must apply in writing not more than 20 business days after service of the prosecution evidence and before they are arraigned.
An application may be made to extend the time.
The application must be served on the Crown Court officer and each other party.
The application must:
explain why the prosecution evidence would not be sufficient for the defendant to be properly convicted
ask for a hearing, if the defendant wants one, and explain why it is needed
identify any witness whom the defendant wants to call to give evidence in person, with an indication of what evidence the witness can give
identify any material already served that the defendant thinks the court will
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