Part 4Charging etc
29F12Instituting proceedings by written charge
I11
A F9relevant prosecutor may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.
F42
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.
F132AA
A single justice procedure notice may be issued only if—
a
the offence is a summary offence not punishable with imprisonment, and
b
the person being charged has attained the age of 18, or is not an individual.
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.
F142C
Subsection (2D) applies if—
a
2D
The single justice procedure notice must also explain—
a
the steps that the person on whom the notice is served can take if the person wants to be offered the automatic online conviction option, and
b
that if the person is offered, and accepts, that option, the requirements referred to in subsection (2B) will no longer apply.
2E
I13
F10Where 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.
F53A
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.
F63C
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
F11A 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).
I15
In this section F8“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,
F3ca
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1cb
the F2Director 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.
F75A
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.
I16
In subsection (5) “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23).