PART 11DEFERRED PROSECUTION AGREEMENTS

Application to postpone the publication of information by the prosecutorI111.9

1

This rule applies where the prosecutor—

a

makes an application under rule 11.4 (Application to approve the terms of an agreement), rule 11.5 (Application on breach of agreement) or rule 11.6 (Application to approve a variation of the terms of an agreement);

b

decides not to make an application under rule 11.5, despite believing that the defendant has failed to comply with the terms of the agreement; or

c

gives a notice under rule 11.8 (Notice to discontinue prosecution).

2

A party who wants the court to order that the publication of information by the prosecutor about the court’s or the prosecutor’s decision should be postponed must—

a

apply in writing, as soon as practicable and in any event before such publication occurs;

b

serve the application on—

i

the court officer, and

ii

the other party; and

c

in the application—

i

specify the proposed terms of the order, and for how long it should last, and

ii

explain why an order in the terms proposed is necessary.

[Note. See paragraph 12 of Schedule 17 to the Crime and Courts Act 2013.

Part 6 of these Rules contains rules about applications for a restriction on reporting what takes place at a public hearing, or public access to what otherwise would be a public hearing.]