Trial Court Before Withdrawal
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FAQ
In criminal proceedings before the magistrates' courts, a prosecutor may seek leave of the court to withdraw a charge or summons at any time before the defendant is called upon to enter a plea.
It is therefore not open to the defendant simply to seek to withdraw its defence. By CPR 17.1, if a statement of case has been served, a party may amend that statement of case only with the written consent of all of the other parties or with the permission of the court.
1 : to remove oneself from participation [ from a case] ;specif. : to cease participation in a conspiracy by an affirmative act of renunciation esp. involving confession to the authorities or communication of abandonment to co-conspirators. 2 : to remove a motion from consideration under parliamentary procedure.
You must inform the court of the reasons for your withdrawal, by providing enough explanation to enable the judge to decide how to proceed.
If you intend to withdraw a charge at court, you should inform the legal adviser of your intention before the court convenes. At the hearing, you should formally notify the court that you wish to withdraw the charge in question.