Commencing Criminal Proceedings Flashcards
Who makes the decision to charge?
Generally the Crown Prosecutor
What prosecutions does the Director of Public Prosecutions have to take over?
Required to take over the conduct of prosecutions commenced by police.
Discretion to take over the conduct of prosecutions commenced privately.
All charging decisions for indictable only offences are taken by the Crown prosecutor
When may the police make charging decision?
Where summary only offence such as some road traffic offences, offences contrary to public order act, criminal damage below £5,000 and low value shoplifting
What are the three different forms of commencing criminal proceedings?
- arrest and charge
- written charge and requisition
- laying an information
What is written charge and requisition?
Public prosecutor may issue a written charge charging a person with an offence and serve requisition requiring person to attend magistrates court
What is laying an information?
The prosecutor serve an information alleging offence on a magistrates’ court. Court will then issue summons or arrest warrant requiring the accused to attend
Private prosecutions may only be commenced by summons.
What must the 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
- sufficient particulars of the conduct complained of for the accused to know what is alleged
What must a summons or requisition contain?
- notice setting out when and where the accused is required to attend court
- specify each offence in respect of which it has been issued
- summons must identify the issuing court
- requisition must identify the person under whose authority it was issued
Is there a statute of limitation for criminal offences?
No
When is there a limitation to a criminal offence?
When summary only offence, magistrates’ court will not try accused unless complaint made within six months of the date of the alleged offence
