Application to dismiss

The following Corporate Crime practice 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
  • Applications based on witness credibility
  • Judicial review of a decision to reject an application to dismiss

Application to dismiss

Application to dismiss

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).

How to make an application to dismiss

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:

  1. explain why the prosecution evidence would not be sufficient for the defendant to be properly convicted

  2. ask for a hearing, if the defendant wants one, and explain why it is needed

  3. identify any witness whom the defendant wants to call to give evidence in person, with an indication of what evidence the witness can give

  4. identify any material already served that the defendant thinks the

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