Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Defendant definition

What does Defendant mean? In legal practice, “defendant” describes the party against whom court proceedings are brought, whether a civil claim or a criminal charge. In England and Wales the term is defined in the Civil Procedure Rules (CPR 2.3) as a person against whom a claim is made; it is also used in the Criminal Procedure Rules. Northern Ireland follows similar usage. In Scotland, the civil counterpart is the “defender” (claimant is the pursuer), and in criminal cases the person is referred to as the “accused” (also the “panel” in solemn proceedings). In Ireland, civil procedure uses “defendant” under the Rules of...

Applications to dismiss charges before arraignment under CDA 1998 Sch 3: procedure, Galbraith test, credibility issues, review limits, voluntary bill remedy (England and Wales)

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Practice notes

Under paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), a Defendant may, after being served with the documents containing the evidence underpinning the charge(s) but before Arraignment, request the Crown Court—either orally or in writing—to dismiss the charge(s). The application may relate to any or all of the charges in the case. The process is set out in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, r 3.20.

How to make an application to dismiss

The defendant must apply in writing no later than 20 business days after service of the prosecution evidence and before they are arraigned.
An application can be made to extend the time limit.
The application must be served on the Crown Court officer and on every other party to the proceedings...

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Web page updated on 21/05/2026

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