Commencing proceedings

Question 1

Who makes charging decisions?

Answer 1

In general, Crown Prosecutor
* exercises powers of Director of Public Prosecutions (DPP), who is required to take over conduct of all prosecutions commenced by police also has discretion to take over conduct of prosecutions commenced privately
* all charging decisions for indictable-only offences are taken by Crown Prosecutor

+ police retain discretion as to whether to charge for a number of summary offences - decision is made by custody officer - also they can make charging decision on either-way offence where guilty plea is anticipated and case is suitable for sentence in MC
+ these offences include: road traffic offences, criminal damage where value is less than £5000, offences contrary to s.5 Public Order Act and low-value shoftlifting

CPS provides advice on charge in all but the most minor cases

Question 2

Crown Prosecutor?

Answer 2

• DPP may delegate powers to agents who are lawyers with rights of audience - these agents must act subject to instructions given by Crown Prosecutor (exercise powers of DPP)
• Unformity in approach in relation to charging decisions are sought through Code for Crown Prosecutors.
• DPP may appoint ‘associate prosecutors’ who are CPS employee to represent CPS on bail applications and other pre-trial applications - may conduct trials where offence charge is a non-imprisonable summary offence

Question 3

What are the 3 different forms of commencing criminal proceedings?

Answer 3

1. Arrest and charge
2. Written charge and requisition
3. Laying an information

Question 4

Arrest and charge?

Answer 4

• most common way to commence criminal proceedings
• charge may come:
  
  • at end of period of detention at police station after arrest
  • after period of police bail when suspect re-attends police station or
  • after period of police bail while CPS decides what the appropriate charge, if any, is

Question 5

When is a pre-charge police bail imposed?

Answer 5

1. where there is insufficient evidence to charge suspect and they are released pending further investigation
2. where police considers there is sufficient evidence but matter must be referred to the CPS for a charging decision

For police to decide whether suspect is released with or without bail and if released on bail, whether conditions of bail should be imposed.
* where practicable to do so, investigators should seek view of victims on bail and possible bail option
* if suspect isn’t released on bail but police are still looking into matter then they are referred as having been ‘released under investigation’ (RUI)

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Question 6

Written charge and requisition?

Answer 6

• Method of commencement created by s 29 Criminal Justice Act
• Public prosecutor may commence proceedings by issuing a written charge charging person with an offence - no requirement that person charged has been arrested when method is used
• requires person charged to attend MC - charge and requisition must be served on person charged.
• avalible only to relevant prosecutors (those who prosecute on behald of state) e.g., CPS, Health and Safety Executive, DVSA and Environment Agency

Question 7

Laying an information?

Answer 7

• For prosecutor to serve an information alleging offence on a MC
• court will then issue a summons or arrest warrant requiring accused to attend
• Private prosecutions may only be commenced by summons as they are not brought by relevant prosecuors for purpose of written charge and requisition.

Question 8

What is the content of the written charge or information?

Answer 8

Must contain:
* a statement of offence which describes offence in ordinary language
* reference to statutory provision that creates offence
* sufficient particulars of the conduct complained of for the accused to know what is alleged.

Question 9

What is the content of the summons or requisition?

Answer 9

Must:
* contain a notice setting out when and where accused is required to attend court
* specify each offence in respect of which it has been issued

A summons must identify the issuing court
A requisition must identify the person under whose authority it was issued (relevant prosecutors)

Question 10

Timing of the charge?

Answer 10

• No statue of limitation requiring that a charge be brought within specified period after commission of offence
• only exception is that s 127 Magistrates Courts Act provides that where alleged offence is summary only, MC shall not try an information or hear a compliant unless information was laid or complaint made within 6 months of date of alleged offence.
• No time limit for charging any indictable offence
• If there is any dispute as to whether a charge has been brought within specified period, prosecution has burden to satisfy court to criminal standard that proceeding was brought correctly in time.