(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,
(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).
