PART 11E+WDEFERRED PROSECUTION AGREEMENTS

Application to postpone the publication of information by the prosecutorE+W

11.9.—(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.]