CLP 12 - Commencing Proceedings Flashcards
Who usually makes charging decisions in criminal cases?
The Crown Prosecutor, exercising the powers of the Director of Public Prosecutions (DPP).
Who decides charges for indictable-only offences?
Always a Crown Prosecutor.
What summary offences can police charge without CPS involvement?
- Road traffic offences
- s.5 Public Order Act 1986 offences
- Criminal damage under £5,000
- Low-value shoplifting
Who makes charging decisions when it’s a police matter?
The custody officer.
What does the Code for Crown Prosecutors ensure?
Consistency in charging decisions.
Who are associate prosecutors, and what can they do?
Non-lawyers appointed by the DPP to handle bail hearings, minor trials, and pre-trial applications.
When can someone be charged after arrest?
- At the end of police station detention
- After returning on police bail
- After CPS review
When is pre-charge bail imposed?
Insufficient evidence
Police need more evidence
Referral to CPS required
Can a suspect be released without bail while investigation continues?
Yes.
Who can issue a written charge and requisition?
A public prosecutor.
Is arrest required before issuing a requisition?
No – the suspect doesn’t need to be arrested beforehand.
Who must receive the charge and requisition?
Both the accused and the court.
What is ‘laying an information’?
Serving a written allegation of an offence to a magistrates’ court.
What happens after information is laid?
The court issues a summons or arrest warrant.
Can private prosecutions use written charge and requisition?
No – they must start by summons.
What must a written charge or information include?
- Statement of offence in ordinary language
- Reference to relevant statute
- Sufficient details for the accused to understand the allegation
What must be included in a requisition or summons?
- Date and location of court appearance
- Each alleged offence
- Authority issuing it (requisition) or the issuing court (summons)
What is the general time limit for charging someone?
No general limit, except for summary-only offences.
What is the time limit for summary-only offences?
Six months from the date of the alleged offence.
Is there a time limit for indictable offences?
No – indictable offences can be charged at any time.
Who must prove the charge was brought within time if disputed?
The prosecution, beyond reasonable doubt.
