Part 4Charging etc

28Charging 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.

Annotations:
Commencement Information

I1S. 28 wholly in force at 1.10.2007; s. 28 not in force at Royal Assent, see s. 336(3); s. 28 in force for certain purposes at 29.1.2004 by S.I. 2004/81, art. 4; s. 28 in force for certain purposes at 3.7.2004 by S.I. 2004/1629, art. 2 and s. 28 in force for certain further purposes at 1.10.2007 by S.I. 2007/2874, art. 2(1)(2)(a)

29New method of instituting proceedings

(1)

A F1relevant prosecutor may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.

F2(2)

Where a relevant prosecutor issues a written charge, it must at the same time issue—

(a)

a requisition, or

(b)

a single justice procedure notice.

(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.

(2B)

A single justice procedure notice is a document which requires the person on whom it is served to serve on the designated officer for a magistrates' court specified in the notice a written notification stating—

(a)

whether the person desires to plead guilty or not guilty, and

(b)

if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980.

(3)

F3Where a relevant prosecutor issues a written charge and a requisition, 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.

F4(3A)

Where a relevant prosecutor issues a written charge and a single justice procedure notice, the written charge and notice must be served on the person concerned, and a copy of both must be served on the designated officer specified in the notice.

(3B)

If a single justice procedure notice is served on a person, the relevant prosecutor must—

(a)

at the same time serve on the person such documents as may be prescribed by Criminal Procedure Rules, and

(b)

serve copies of those documents on the designated officer specified in the notice.

F5(3C)

The written notification required by a single justice procedure notice may be served by the legal representative of the person charged on the person's behalf.

(4)

F6A relevant prosecutor authorised to issue a requisition 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 F7“relevant 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,

F8(ca)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(cb)

the F10Director General of the National Crime Agency 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.

F11(5A)

An order under subsection (5)(h) specifying a person for the purposes of this section must also specify whether that person and a person authorised by that person to institute criminal proceedings—

(a)

are authorised to issue written charges, requisitions and single justice procedure notices, or

(b)

are authorised to issue only written charges and single justice procedure notices.

(6)

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

30Further provision about new method

(1)

F12Criminal Procedure Rules may make—

(a)

provision as to the form, content, recording, authentication and service of written chargesF13, requisitions or single justice procedure notices, and

(b)

such other provision in relation to written chargesF14, requisitions or single justice procedure notices as appears to the F15Criminal 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 F16or further single justice procedure notices.

(3)

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F18relevant prosecutor issuing a requisition)F19, and

(c)

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 single justice procedure notice (or to a relevant prosecutor issuing a single justice procedure notice).

(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.

F20(7A)

The reference in subsection (5) to an enactment contained in an Act passed before this Act is to be read, in relation to paragraph (c) of subsection (5), as including—

(a)

a reference to an enactment contained in an Act passed before or in the same Session as the Criminal Justice and Courts Act 2015, and

(b)

a reference to an enactment contained in such an Act as a result of an amendment to that Act made by the Criminal Justice and Courts Act 2015 or by any other Act passed in the same Session as the Criminal Justice and Courts Act 2015.

(8)

In this section F21“ relevant prosecutor”, “requisition”F22, “single justice procedure notice” 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”.