W2 Commencing Proceedings Flashcards
What is the time limit for charging or laying an information for a summary only offence?
(a) 1 month
(b) 24 months
(c) 6 months
(d) 3 months
(e) 12 months
Answer (c)
6 months from the date of the alleged commission of the offence
Who generally provides advice on charge?
(a) Custody Officer
(b) Crown Prosecution Service
(c) Investigating Officer
(d) Charging Officer
Answer (b)
The CPS provide advice on charge in all but the most minor cases.
Which method of commencing criminal proceedings would a person use to bring a private prosecution?
(a) Arrest and charge
(b) Laying an information
(c) Written charge and requisition
Answer (b)
Information alleging an offence is served on a magistrates’ court. The court then issues a summons or arrest warrant, requiring the accused to attend.
Private prosecutions may only be commenced by summons as htey are not brought by ‘relevant prosecutors’ for the purposes of the written charge and requisition under s29 CJA 2003.
