Commencing Proceedings Flashcards
Who is generally responsible for making charging decisions in most cases?
A. The arresting police officer
B. A Crown Prosecutor
C. The magistrate
D. The defendant’s solicitor
B. A Crown Prosecutor
Explanation:
Crown Prosecutors, acting on behalf of the Director of Public Prosecutions (DPP), are responsible for making charging decisions in most cases, particularly for indictable-only offences. The police retain charging discretion for minor summary offences.
What is the most common way of commencing criminal proceedings?
A. Laying an information
B. Written charge and requisition
C. Arrest and charge
D. Private prosecution
C. Arrest and charge
Explanation:
The most common way to begin criminal proceedings is arrest and charge, where the suspect is taken into police custody, interviewed, and charged with an offence.
Under which Act was the written charge and requisition introduced?
A. Police and Criminal Evidence Act 1984
B. Criminal Justice Act 2003
C. Magistrates’ Courts Act 1980
D. Prosecution of Offences Act 1985
B. Criminal Justice Act 2003
Explanation:
The Criminal Justice Act 2003, Section 29, introduced the written charge and requisition method of starting criminal proceedings. It allows public prosecutors to issue a charge without arresting the suspect.
What is the time limit for bringing a charge in summary-only offences?
A. 3 months
B. 6 months
C. 1 year
D. No time limit
B. 6 months
Explanation:
Under Section 127(1) Magistrates’ Courts Act 1980, summary-only offences must be charged within six months of the alleged offence. Indictable offences have no time limit.
Which of the following is NOT a method of commencing criminal proceedings?
A. Arrest and charge
B. Laying an information
C. Written charge and requisition
D. Civil lawsuit
D. Civil lawsuit
Explanation:
A civil lawsuit is not a method of commencing criminal proceedings. Criminal proceedings begin with arrest and charge, written charge and requisition, or laying an information.
A person is arrested for theft and taken to the police station. The custody officer decides there is enough evidence to charge them. What happens next?
A. The suspect is charged and given a date to attend court
B. The suspect is released under investigation
C. The suspect must be released immediately
D. The suspect is tried immediately at the police station
A. The suspect is charged and given a date to attend court
Explanation:
If the custody officer decides there is enough evidence, the suspect is charged and given a court date. They may be bailed or remanded in custody.
Sarah is accused of shoplifting £40 worth of goods. Who is responsible for making the charging decision?
A. The Crown Prosecutor
B. The magistrate
C. The police custody officer
D. The defendant’s solicitor
C. The police custody officer
Explanation:
For low-value shoplifting (under £200) and other minor summary offences, police custody officers have the power to charge without CPS involvement.
Which prosecutor can issue a written charge and requisition?
A. Any solicitor
B. Any police officer
C. Only relevant public prosecutors
D. Only magistrates
C. Only relevant public prosecutors
Explanation:
The written charge and requisition can only be issued by “relevant prosecutors”, such as the CPS, Environment Agency, and Health and Safety Executive.
Tom is suspected of fraud. The police arrest him and release him under investigation while gathering evidence. Later, they decide to charge him. What method can they use?
A. Written charge and requisition
B. Arrest and charge
C. Laying an information
D. Civil injunction
A. Written charge and requisition
Explanation:
If no immediate arrest is required, a written charge and requisition can be used. Fraud is often investigated over time before charges are made.
Mark is accused of serious criminal damage worth £10,000. The CPS is deciding whether to charge him. How long do they have to make a decision?
A. 6 months
B. 1 year
C. No time limit
D. 3 months
C. No time limit
Explanation:
Indictable offences, such as criminal damage over £5,000, have no time limit for bringing a charge.
A private individual wants to prosecute someone for fraud. What is the correct method for commencing proceedings?
A. Written charge and requisition
B. Laying an information
C. Civil claim
D. Arrest and charge
B. Laying an information
Explanation:
Private prosecutions (e.g., RSPCA cases) are commenced by laying an information at the magistrates’ court, which may issue a summons.
