When asking for designation or transfer of jurisdiction, where must the written application go, and what must happen if the prosecution has already been brought?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the application itself to see whether it states the reasons for the designation or transfer, the proof that it was submitted to the immediately higher court, the indictment showing that prosecution has been brought, and any paper showing that the court which received the indictment was notified.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the route the provision lays down: the application must be a written application stating the reasons for the designation or transfer, and it must be submitted to the court one level above — the immediately higher court.
Another reading stresses the further duty that attaches only once prosecution has been brought: the court that received the indictment must be notified of the application without delay, so a file begun before indictment carries no such duty, and the provision leaves open who may apply and what the higher court may do.
Your judgment
If the application was filed with the higher court but the indictment-receiving court was never notified, what in the file would show whether the prosecution knew of the application?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the court to which the application must be submitted, or if a court decision explains what the notification after indictment must contain or who must make it.