Instituting Criminal Proceedings

Question 1

What is a written charge and requisition?

Answer 1

• a relevant prosecutor may initiate charges against someone by issuing a written charge that charges someone with an offence
• at the time of issuing the charge a requisition or single justice procedure notice must be issued
• if a requisition is issued this will require someone to attend a magistrates to answer the charge and a cope of the requisition and charge must be served on the defendant and the court named.
• if a single justice notice is issued then the defendant and an officer if the magistrates court will be named. The defendant is served the notice and charge sheet and they must in turn serve on the officer of the court a notice stating their plea to the charge. The original charge and notice should also be served to the named officer of the court at the same time. The notice CAN be served on the defendants legal representative in their place.
• a relevant prosecutor includes a police officer or the DPP/CPS

Question 2

What is the procedure for a service of a summons or requisition?

Answer 2

A summons or requisition can be served on…

• an individual by handing it to them
• a company by handing it to a senior person in that corporation
• an individual or corporation, if they are legally represented, by handing it to that representative
• a person UNDER 18 by handing it to their parent or AA
• the document can be considered served by leaving it at an appropriate address for the person or sending it by first class post or equivalent.
• an address will include…
• any address it is BELIEVED they will be to receive it
• the principal officer or registered office for a corporation
• a legal representatives office
• it will be considered served on the day it is handed over

Question 3

What is the procedure for serving to Scotland or NI?

Answer 3

You are allowed to serve into either of those countries by the same means as in England and Wales

Question 4

What are the procedures around warrants?

Answer 4

An arrest warrant can be issued for…

• anyone 18 OR OVER
• they have committed and INDICTABLE offence or
• an offence punishable by imprisonment
• a charge and requisition is issued and their address is not established

A witness can have a warrant issued for them if it is determined in the interest of justice to ensure their production to give evidence or produce items of material evidence AND where evidence is given that a summons will not produce them or they have failed to attend in response to a summons

Question 5

What is the procedure around the execution of warrants?

Answer 5

A warrant can be executed by any person authorised or directed by the court to do so

When issuing it you must…

• explain in terms the decent can understand what the warrant requires and why
• show the defendant the warrant if they have it
• arrange for the defendant to see the warrant, if they don’t have it with them, and show any statements of their authority to execute it
• civilian enforcement officers or agencies will need to produce, if required, the statement with their name, employer and that they are authorised to execute warrants

Question 6

What is a disclosure order?

Answer 6

Where a warrant is issued for someone, a disclosure order can be issued. This is an order which is a direction to the recipient to disclose to a named officer of the court to disclose the…

• NAME
• DOB
• NI NUMBER
• ADDRESS

…of the person a warrant is issued for

• these warrants are normally issued to relevant authorities (government agencies, local authorities or crown ministers) to have them disclose information to enable a warrant to be executed. It prevents any such disclosure being an offence.
• it can only be requested by someone authorised to execute the warrant