County Court Criminal Procedure Rules 2019

This Rule applies if the prosecution is to withdraw a charge that is to be heard and determined on an appeal under section 254 or 257 of the Act.

A judicial registrar may constitute the Court for the purposes of the withdrawal of the charge.

Without limiting paragraph (2), a judicial registrar may constitute the Court under that paragraph if the judicial registrar is already constituting the Court for a preliminary hearing in the appeal.

When a judicial registrar constitutes the Court under paragraph (2), all the powers that the Court would have to enable the withdrawal of the charge are delegated to the judicial registrar.

If it is proposed that a charge be withdrawn, and the sentence imposed in respect of that charge is an aggregate sentence, a judicial registrar must not exercise a power for the purposes of the withdrawal of that charge except as provided for by paragraph (6).

If it is proposed to withdraw all the charges in respect of which an aggregate sentence was imposed, a judicial registrar may exercise a power for the purposes of the withdrawal of all of those charges.

If it is proposed that a charge be withdrawn, and the sentence imposed in respect of that charge is not wholly concurrent with another sentence, a judicial registrar must not exercise a power for the purposes of the withdrawal of that charge except as provided for by paragraph (8).

If it is proposed to withdraw all the charges for which the sentences imposed were not wholly concurrent with another sentence, a judicial registrar may exercise a power for the purposes of the withdrawal of all of those charges.

Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (2), to hear and determine the appeal except to the extent that is necessary for a charge to be withdrawn.