Instituting Criminal Proceedings

Question 1

Securing A Defendant’s
Attendance Before A
Magistrates Court
6 means

Answer 1

Means 1
Arresting the defendant without warrant, charging
them and then either:
* Bailing them to attend court; or
* Refusing them bail and bringing them before the court
in police custody.

Means 2
Arresting the defendant without warrant
and bailing them
to allow the CPS time to decide
whether to charge.
If the CPS does decide to charge — the accused is then
notified by the prosecutor through the written charge
and requisition procedure.

Means 3
By the accused being served
with a written charge and requisition
without first
having been arrested.

Means 4
For private prosecutions
-laying an information
before a Magistrate or a Magistrate’s Clerk
resulting in them issuing a summons
requiring the person to attend court
on a specified date or time.

Means 5
The prosecutor laying an information before a
Magistrate - resulting in the Magistrate issuing a
warrant for them to be arrested.
Following arrest - they are then brought
immediately before the court.

Means 6
The prosecutor laying an information before a
Magistrate - resulting in the Magistrate issuing a
warrant for them to be arrested.
Following arrest - they are then bailed to attend
court at a later date and time.

Question 2

Written Charge &
Requisition Procedure
Section 29 Criminal Justice Act 2003

Answer 2

Who Can Use This Process?
Available only to public prosecutors.
(Replaces the old procedure of laying of an
information to obtain a summons to secure the
attendance at court of a person charged).

Can Public Prosecutors Still Lay
An Information?
Yes
But only
for the purpose of obtaining
a warrant for arrest.

Who Can Still Lay An Information
For A Summons?
Members of the public
who wish to commence
a private prosecution.

Question 3

Service Of A Written
Charge & Requisition
Section 29 Criminal Justice Act 2003

Answer 3

Who May Institute Proceedings
By Issuing A Written Charge?
A relevant prosecutor
may institute legal proceedings
by issuing a written charge
(which charges the person with an offence).

Further Action To Be Taken At The
Time Of Issuing The Written Charge?
At the same time as issuing the written charge the
relevant prosecutor shall also issue either:
* A requisition;
* A single justice procedure notice
.upon both…

Recipient 1
The accused.

Recipient 2
Either:
* The Magistrates Court - named in the requisition; or
* The designated officer - specified in the single
justice procedure notice.

What Is The Purpose Of A
Requisition?
A requisition
requires the person
to appear before
a Magistrates Court
to answer the written charge.

What Is The Purpose Of A Single
Justice Procedure Notice?
This requires either:
* The person to whom it is served; or
* Their legal representative
. .to serve on the designated officer of the Magistrates
Court specified in the notice a written notification.

Contents Of The Written
Notification?
The notification shall state both:
* Whether they desire to plead guilty or not guilty; and
* If they desire to plead guilty whether they desire to
be tried in accordance with section 16A MCA 1980,

Question 4

Further Action To Be
Taken By The Relevant
Prosecutor If A Single
Justice Procedure Notice
Has Been Served On A
Person

Answer 4

Where a single justice procedure notice is served —
the relevant prosecutor must at the same time also
serve such documents as a prescribed by the Cnminal
Procedure Rules upon both:
* The accused; and
* The designated officer specified in the single justice
procedure notice.

Question 5

Who Is The Public
Prosecutor?
Section 29(5) Criminal Justice Act 2003

Answer 5

• A Public Prosecutor will
  include either:
• A police force.
• Director of the Serious
  Fraud Office.
• DPP (CPS).
• Director General of NCA.
• Attomey General.
• Secretary of State
• Any person authorised by
  any of the above.

Question 6

Who Can Issue A Summons?

Answer 6

Either:
* A Magistrate; or
* A Magistrates Clerk - on the Magistrates behalf.

Question 7

Purpose Of A Summons?

Answer 7

A summons is a written order — requiring a person to
attend a named court at a specified date and time - to
either:
* Answer the offence set out in the summons; or
* Attend to give evidence or produce exhibits -
(witness summons).

Question 8

Service Of A Summons
Or Requisition
Requiring A Person To
Appear Before A
Magistrates Court
Rule 99 Magistrates Court Rules 1981 Amended By
Magistrates Court Amendment Rules 2019

Answer 8

A summons
requiring a person to
appear before a Magistrates Court
may be served by
any of means A - K.

Question 9

Means A

Answer 9

Handing it either:

Service Upon A
Person
To a person
in person.

Service Upon A
Corporation
To a person
holding a
senior position
in the corporation.

Question 10

Means B

Answer 10

Posting it either:

Service Upon A
Person
To a person
at an address
where it is
reasonably believed
that the person
will receive it.

Service Upon A
Corporation
To the address for service
— i.e. either:
* The principal office; or
* If there is no readily
identifiable¯örinciple
office — then any place
where it carries on its
activities or business.

Question 11

Means C

Answer 11

Both:
*Addressing it to the person; and
* Leaving it at an address where it is reasonably
believed that the person will receive it.

Question 12

Means D

Answer 12

Where both:
*The person has given an electronic address;
and
* They have not refused to accept service at that
address
by sending it by electronic means to the
address which the person has given.

Question 13

Means E

Answer 13

Where both:
*The person to be served is given access to an
electronic address at which a document may
be deposited; and
* They have not refused to accept service by the
deposit of a document at that address….

by:
* Step 1
* step 2
- Depositing it at that address;
- Making it possible for the recipient to either:
* Read the document; or
* View or listen to its contents; and
* Step 3 - Notifying the recipient of the deposit of the
document.

Question 14

Means F

Answer 14

Where the person
is in custody
— sending it
to their custodian
addressed to the person.

Question 15

Means G

Answer 15

W here both.
* The person has given a document exchange (DX) box
number; and
* They have not refused to accept service by DX
by both
* Step 1
Addressing it to the person at the DX box number;
and
* Step 2 - Leaving it at that document exchange.

Question 16

Means H

Answer 16

Where the person is legally represented —
serving it on the person’s legal representative
in the same manner as it could be served upon
the person via either:
* Means A;
*Means B;
*Means C; or
*Means G

Question 17

Means I

Answer 17

Where both:
*The person is legally represented; and
*The person’s legal representative has given an
electronic address
by sending it to that address.

Question 18

Means J

Answer 18

Where both.
*The person to be served is legally represented;
and
*The legal representative is given access to an
electronic address at which a document may
be deposited…

. by:
* Step I
- Depositing it at that address;
* Step 2 - Making it possible for the recipient to either:
* Read the document; or
* View or listen to its contents; and
* Step 3 - Notifying the recipient of the deposit of the
document.

Question 19

Means K

Answer 19

Any
other method
specified
by the court.

Question 20

Service Of A Witness
Summons

Answer 20

A witness summons may only be served by
either:
*Means A;
*Means D; and
*Means F.

Question 21

Service Of A
Judgment Summons

Answer 21

A judgment summons
shall be served
on the judgment debtor
personally.

Question 22

THE RANGE OF WARRANTS

5 categories of warrants that can be issued by a Magistrates Court.

Answer 22

Category 1
Warrant to arrest
an offender.

Category 2
Warrant to arrest
a witness.

Category 3
Warrant to arrest
in default.

Category 4
Warrant to arrest
to commit to prison.

Category 5
Warrant to
distrain property
- i.e. collect money.

Question 23

Magistrates Power To
Issue A Warrant To
Arrest An Offender
Section 1(1)(b)MCA 1980

Answer 23

When Can A Magistrate Issue A
Warrant For Arrest?
When a Magistrate receives an information that a
person either:
* Has committed an offence; or
* Is suspected to have committed an offence
..the Magistrate only (NB - not a Clerk) — can issue a
warrant for arrest - provided 3 steps are satisfied..

Step 1
The information
is in writing.

Step 2
The person is
aged 18 or over.

Step 3
Either:
* The offence is indictable or punishable with
imprisonment; or
* The defendant’s address must be insufficiently
established for a summons or a written charge or
requisition to be served on them.

Who Cannot Issue A Warrant To
Arrest?
A Magistrate’s Clerk

Question 24

Warrants To Arrest A
Witness
Section 97 MCA 1980

Answer 24

Categories Of Witnesses In Respect Of
Which A Magistrate Can Issue A Warrant
For Arrest?
A Magistrate may - if it is in the interests of justice to
do so - issue a warrant to arrest a witness - who could
either:
* Give material evidence; or
* Produce a document or thing that is likely to be
material evidence.

Grounds?
Evidence is given
on oath that
either of 2 situations apply.

Situation 1 - Pre-emptive Power
The issue of a summons
would not secure
the witnesses attendance.

Situation 2 - Reactive Power
* Where the witness has already been served with a
summons; and
* There is proof of service of the summons; and
* The witness has failed to attend court; and
* There is no excuse for their failure to attend court.

Question 25

Executing A Warrant
Section 125 Magistrates Court Act 1980

Answer 25

Who Can Execute A Warrant?
A warrant to either:
* Arrest;
* Commit;
* Detain;
* Control; or
* Search
.may be executed by either…

Option 1
The persons
to whom it is
directed.

Option 2
Irrespective of whether they were directed:
* A constable from any police area in England & Wales
providing they are acting in their own police area; or
* Any authorised Civilian Enforcement Officers or
Enforcement Agencies.

Question 26

Procedural Steps To
Be Followed By A
Constable When
Executing A Warrant
3 steps

Answer 26

Step 1
Explain in terms that the person can understand - both:
* What the warrant required; and
* Why it is required.

Step 2
Show the person the warrant
if they have it with them.

Step 3
If the person asks both:
* Arrange for the person to see the warrant - (if they do
not have it); and
* Show the person a written statement of their
authority.

Question 27

Additional Procedural
Steps To Be Followed By
A Civilian Enforcement
Officer Or Approved
Agencies When Executing
A Warrant

Answer 27

When Must They Show A Written
Statement?
In addition to the aforementioned steps:
* A Civilian Enforcement Officer
* An Officer of Approved Agencies
.must also * if asked show a written statement specifying all
of the following information.

Contents Of The Written
Statement?
* The officer’s name;
* The authority by which they are employed; and
* That they are authorised to execute the warrant.

Question 28

Powers Of Entry &
Search When Executing
A Warrant
Sections 17(1)(a) & 117 PACE 1984

Answer 28

Constables Powers?
When executing a warrant for either:
* Arrest in criminal proceedings; or
* Commitment
..a constable may both..

Power 1
Enter and search
any part of the premises
where they reasonably believe
the person sought is located.
NB — the power does extend to areas
where the constable does not believe
the person may be located.

Power 2
Use
reasonable force
where necessary.

Question 29

Execution Of Warrants
In Scotland
Section 136(1)
Criminal Justice & Public Order Act 1994

Answer 29

A warrant for arrest - issued in either:
* England;
* Wales; or
* Northern Ireland
may be executed in Scotland — by either..

Person 1
Any constable
of any police force
from the country of issue.

Person 2
Any constable
of any police force
from the country of execution.

Person 3
A constable
appointed under
section 53
British Transport Commission Act 1949.

Person 4
Any other person
as directed
by the terms of the warrant.

Question 30

Execution Of Warrants
Issued In Scotland Or
Northern Ireland
Section 136(2)
Criminal Justice & Public Order Act 1994

Answer 30

Where Can The Warrants Be
Executed?
A warrant for arrest issued in either,
* Scotland; or
* Northern Ireland
.may be executed in both’
* England; and
. Wales
. by either.

Person 1
Any constable
of any police force
from the country of issue.

Person 2
Any constable
of any police force
from the country of execution.
NB — Must execute within their own force area.

Person 3
A constable
appointed under
section 53
British Transport Commission Act 1949.

Person 4
Any other person
as directed by the
terms of the warrant.

Question 31

Disclosure Orders For
Enforcing Warrants
Section 125CA MCA 1980

Answer 31

Who May Lodge An Application
For A Disclosure Order?
Upon the application of the person entitled to enforce
a warrant to either:
* Arrest;
* Commit;
* Detain; or
* Control.

Who May Issue A Disclosure
Order?
Justice of the Peace.

Terms Of A Disclosure Order?
Requiring a relevant public body to supply to either:
* Any person entitled to enforce the warrant;
* An approved enforcement agency;
* The Justice’s Clerk; or
* Other person appointed under the Court Act 2003
-the following information to assist in tracking the person
down..

Facts To Be Disclosed?
* Their name;
* Their date of birth;
* Their National Insurance number; and
* Their address(es)

Grounds For Issuing The
Disclosure Order?
The Justice of the Peace
is satisfied that it is necessary to do so
for the purpose of
enabling the execution of the warrant.