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Criminal Justice Act 2003

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Changes over time for: Section 29

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No versions valid at: 01/01/2005

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Criminal Justice Act 2003, Section 29 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Yn ddilys o 25/07/2007

29New method of instituting proceedingsE+W

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(1)A public prosecutor may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.

(2)Where a public prosecutor issues a written charge, it must at the same time issue a document (a “requisition”) which requires the person to appear before a magistrates' court to answer the written charge.

(3)The written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition.

(4)In consequence of subsections (1) to (3), a public prosecutor is not to have the power to lay an information for the purpose of obtaining the issue of a summons under section 1 of the Magistrates' Courts Act 1980 (c. 43).

(5)In this section “public prosecutor” means—

(a)a police force or a person authorised by a police force to institute criminal proceedings,

(b)the Director of the Serious Fraud Office or a person authorised by him to institute criminal proceedings,

(c)the Director of Public Prosecutions or a person authorised by him to institute criminal proceedings,

[F1(ca)the Director of Revenue and Customs Prosecutions or a person authorised by him to institute criminal proceedings,]

(d)the Attorney General or a person authorised by him to institute criminal proceedings,

(e)a Secretary of State or a person authorised by a Secretary of State to institute criminal proceedings,

(f)the Commissioners of Inland Revenue or a person authorised by them to institute criminal proceedings,

(g)the Commissioners of Customs and Excise or a person authorised by them to institute criminal proceedings, or

(h)a person specified in an order made by the Secretary of State for the purposes of this section or a person authorised by such a person to institute criminal proceedings.

(6)In subsection (5) “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23).

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