1.6 Commencing proceedings Flashcards
When does the criminal justice process begin?
The criminal justice process begins with a person being arrested and brought before the magistrates’ court. In the alternative, the magistrates’ court issues a written charge and requisition to secure their attendance.
Who makes charging decisions?
A Crown Prosecutor must make a charge decision in respect of all indictable-only offences, and any either-way offence in respect of which, under the Guidance, a custody officer is not permitted to make a charge decision.
Custody officers may decide whether to prosecute summary offences.
Who can the Crown Prosecutor delegate to?
Lawyers with rights of audience can act as agents of the Crown Prosecutor.
Also “associate prosecutors” - CPS employees who are not lawyers to represent the CPS on bail applications and other pre-trial applications. They may conduct trials where the offence charged is a non-imprisonable summary offence.
When can someone be charged following arrest?
- at the end of the period of detention at the police station after an arrest;
- after a period of police bail when the suspect re-attends the police station; or
- after a period on police bail while the CPS decides what the appropriate charge, if any, is.
When can the police release someone on bail?
Part 4 Policing and Crime Act 2017 amended PACE
Suspects who are not charged within the relevant detention time limit should now only be released on police bail if is deemed necessary and proportionate (s.50A PACE) and then only for up to 28 days (s.30B(7) PACE) unless an extension is sought and authorised.
How does a public prosecutor commence proceedings against someone who has not been arrested?
Section 29 Criminal Justice Act 2003
A public prosecutor may commence proceedings by issuing a written charge charging a person with an offence.
The public prosecutor also issues a requisition at the same time, requiring the person charged to attend a magistrates’ court.
They must both be served on the person charged and on the magistrates’ court at which that person is to attend.
How are private prosecutions commenced and arrest warrants issued?
Section 1 Magistrates’ Courts Act 1980
The prosecutor lays an information before the magistrates court. The court will then issue a summons or an arrest warrant requiring the accused to attend. Private prosecutions may only be commenced by summons.
What must a written charge or information contain?
- a statement of the offence which describes the offence in ordinary language;
- a reference to the statutory provision that creates the offence (if it is a statutory offence); and
- sufficient particulars of the conduct complained of for the accused to know what is alleged.
What must a summons contain?
- a notice setting out when and where the accused is required to attend court; and
- each offence in respect of which it has been issued.
- identify the issuing court.
What must a requisition contain?
- contain a notice setting out when and where the accused is required to attend court; and
- specify each offence in respect of which it has been issued.
- A requisition must identify the person under whose authority it was issued.
What is the time limit on bringing criminal charges?
There is no ‘Statute of Limitation’ requiring that a charge be brought within a specified period after the commission of the offence.
The only exception is that s.127(1) Magistrates’ Courts Act 1980 provides that where the alleged offence is ‘summary only’, a magistrates’ court shall not try an information or hear a complaint unless the information was laid or the complaint made within six months of the date of the alleged offence.
