Part 4Charging etc
I128Charging or release of persons in police detention
Schedule 2 (which makes provision in relation to the charging or release of persons in police detention) shall have effect.
29New method of instituting proceedings
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,
F1ca
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).
I230Further provision about new method
1
F2Criminal Procedure Rules may make—
a
provision as to the form, content, recording, authentication and service of written charges or requisitions, and
b
such other provision in relation to written charges or requisitions as appears to the F3Criminal Procedure Rule Committee to be necessary or expedient.
2
Without limiting subsection (1), the provision which may be made by virtue of that subsection includes provision—
a
which applies (with or without modifications), or which disapplies, the provision of any enactment relating to the service of documents,
b
for or in connection with the issue of further requisitions.
3
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Nothing in section 29 affects—
a
the power of a public prosecutor to lay an information for the purpose of obtaining the issue of a warrant under section 1 of the Magistrates' Courts Act 1980 (c. 43),
b
the power of a person who is not a public prosecutor to lay an information for the purpose of obtaining the issue of a summons or warrant under section 1 of that Act, or
c
any power to charge a person with an offence whilst he is in custody.
5
Except where the context otherwise requires, in any enactment contained in an Act passed before this Act—
a
any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates' Courts Act 1980 (c. 43) (or to the laying of such an information) is to be read as including a reference to a written charge (or to the issue of a written charge),
b
any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a requisition (or to a public prosecutor issuing a requisition).
6
Subsection (5) does not apply to section 1 of the Magistrates' Courts Act 1980.
7
The reference in subsection (5) to an enactment contained in an Act passed before this Act includes a reference to an enactment contained in that Act as a result of an amendment to that Act made by this Act or by any other Act passed in the same Session as this Act.
8
In this section “public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29.
31Removal of requirement to substantiate information on oath
1
In section 1(3) of the Magistrates' Courts Act 1980 (warrant may not be issued unless information substantiated on oath) the words “and substantiated on oath” are omitted.
2
In section 13 of that Act (non-appearance of defendant: issue of warrant) in subsection (3)(a) the words “the information has been substantiated on oath and” are omitted.
3
For subsection (3A)(a) of that section there is substituted—
a
the offence to which the warrant relates is punishable, in the case of a person who has attained the age of 18, with imprisonment, or