Commencing Procedures Flashcards
Who generally makes decision to charge a D?
The Crown Prosecutor generally makes charging decisions, exercising the power of the Director of Public Prosecutions (DPP).
Who makes charging decisions for indictable-only offences?
The Crown Prosecutor makes all charging decisions for indictable-only offences.
Do the police have discretion over any charging decisions?
Yes, the police retain discretion for some summary offences, including various road traffic offences.
Can the DPP delegate charging powers?
Yes, the DPP may delegate power to agents who are lawyers with rights of audience.
Can non-lawyers make CPS charging decisions?
Yes, the DPP may appoint associate prosecutors (CPS employees who are not lawyers) to represent the CPS in bail applications and other pre-trial applications.
What are the different ways to commence criminal proceedings?
- Arrest and charge.
- Written charge and requisition.
- Laying an information.
What is the most common way to commence criminal proceedings?
Arrest and charge, which happens at the end of a period of police detention or when a suspect on police bail reattends the station.
When can pre-charge police bail be imposed?
- When there is sufficient evidence to charge but the suspect is released pending further investigation.
- When the police believe there is sufficient evidence to charge, but the matter must be referred to the CPS for a charging decision.
What must the police decide regarding bail?
The police must decide whether the suspect is released with or without bail, and if released on bail, whether to impose conditions.
What is a written charge and requisition?
A formal charge issued by prosecuting agencies like the DVLA instead of by arrest.
What does ‘laying an information’ mean?
It involves serving information alleging an offence on the Magistrates’ Court, which then decides whether to issue a summons or an arrest warrant.
How are private prosecutions commenced?
By summons only, as they are not brought by ‘relevant prosecutors’.
What must a written charge contain?
- A statement of the offence.
- A reference to the statutory provision.
- Sufficient particulars of the conduct complained of so the accused understands the allegation.
What must a summons or requisition contain?
- A notice setting out when and where the accused must attend court.
- A specification of each offence for which it has been issued.
What must a summons identify?
The issuing court.
What must a requisition identify?
A requisition must identify the person under whose authority it was issued.
Is there a time limit for bringing charges?
There is no general statute of limitations for bringing criminal charges.
Is there a time limit for bringing summary-only offences by way of laying of information?
Yes, the Magistrates’ Court shall not try or hear a complaint unless the information was laid within six months of the date of the offence.
