Commencing proceedings

Question 1

What does the crown prosecutor make all charging decision for?

Answer 1

Indictable ony offences

Question 2

When can the police decide when to charge a suspect?

who decides?

Answer 2

summary:

• road traffic
• public order act (s5)
• simple CD (less than £5k)
• low value shop lifting (£200)

custody officer

Question 3

Who exercises the DPP powers? (Director of Public Prosecutions)

Answer 3

• Crown prosecutors
• Delegate to agents
• Associate prosecutors (not lawyers) on bail applications/ pre-trial applications (can conduct trials for non-imprisonable summary!)

Question 4

3 ways to start proceedings:

Answer 4

• Arrest and charge
• Written charge and requisition
• Laying an information

Question 5

When to use pre-charge bail?

Answer 5

• insufficient evi to charge so released pending further inv
• sufficient evi to charge but matter must be referred to CPS for charging decision

Question 6

Who decides to release on bail/ conditions?

Answer 6

Police (where practical should ask victims)

Question 7

What is RUI?

Answer 7

not on bail but police still looking

Question 8

What is written charge and requisition?

Answer 8

prosecutor issues a charge (no need to be arrested)

same time issues a req to attend mags court

(available to CPS, health and safety executive, DVLA, environment agency = relevant prosecutors)

Question 9

What is laying information?

Answer 9

prosecutor serves information of an offences on mags

mags issue a summons/ arrest warrant

(private prosecutions only use summons)

Question 10

What must a written charge/ information

and summons/ requisition contain?

Answer 10

written charge/ information:

• statement describing offence
• reference to statute
• particulars of conduct (so suspect knows what is alleged)

summons/ requisition:

• notice when and where in court
• specify offence

summons - identify issuing court

req - person who’s authority to issue

Question 11

What is the only limitation on offences?

Answer 11

summary only (mags court) not try an information/ hear complaint unless made within 6 months of offence - BOP is on prosecution

NO time limit for indictable