Written Charge and Requisition Flashcards
Q: What Act introduced the written charge and requisition?
CJA 2003 s29 created a new method of instituting proceedings.
Q: How can criminal proceedings for summary only offences be commenced?
1: Charge, usually at a police station
2: Summons
3: Written charge and requisition or written charge and single justice procedure notice
Q: What is a requisition document?
CJA 2009, s29 (2A)
A requisition is a document which requires the person on whom it is served to appear before a magistrates’ court to answer the written charge
Q: What is a single justice procedure notice?
CJA 2009, s29 (2B)
Document which requires the defendant to state whether he decides to plead guilty or not guilty and if the person desires to plead guilty, whether or not the person wants to be tried in accordance with s16A Magistrate’s Court Act 1980
Q: What does s16A Magistrate’s Court Act state?
This is where the case is heard by a single justice.
Accused must be 18 or over, be charged with a summary offence that does not carry imprisonment, intend to plead guilty and agree to the case being dealt with by a single justice without a hearing and in the absence of the parties.
Q: How can a prosecutor institute relevant proceedings via written charge?
A relevant prosecutor may institute relevant proceedings by issuing a document- a written charge- which charges a person with an offence. Where a relevant prosecutor issues a written charge, it must at the same time issue a requisition document, which requires the person to appear before a Magistrate’s court to answer the written charge.
The documents must be served on the person concerned and a copy must also be served on the court named in the requisition.
Q: What must the written charge document contain?
A statement of the offence that describes the offence in ordinary language and identify any legislation that creates it and particulars of the conduct that constitute the commission of the offence to make clear what the prosecutor alleges against D.
Q: What must a requisition document contain?
A notice of when and where D is required to attend court, specify each offence and identify the person under whose authority it is issued.
Q: What are the time limits for when a prosecutor must issue a written charge?
Summary only: not more than 6 months after the offence alleged.
