- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
7.2.—(1) A prosecutor who wants the court to issue a summons must—
(a)serve an information in writing on the court officer; or
(b)unless other legislation prohibits this, present an information orally to the court, with a written record of the allegation that it contains.
(2) A prosecutor who wants the court to issue a warrant must—
(a)serve on the court officer—
(i)an information in writing, or
(ii)a copy of a written charge that has been issued; or
(b)present to the court either of those documents.
(3) An authorised prosecutor who issues a written charge must notify the court officer immediately.
(4) A single document may contain—
(a)more than one information; or
(b)more than one written charge.
(5) Where an offence can be tried only in a magistrates’ court, then unless other legislation otherwise provides—
(a)a prosecutor must serve an information on the court officer or present it to the court; or
(b)an authorised prosecutor must issue a written charge,
not more than 6 months after the offence alleged.
(6) Where an offence can be tried in the Crown Court then—
(a)a prosecutor must serve an information on the court officer or present it to the court; or
(b)an authorised prosecutor must issue a written charge,
within any time limit that applies to that offence.
[Note. In some legislation, including the Magistrates’ Courts Act 1980, serving an information on the court officer or presenting it to the court is described as ‘laying’ that information.
The time limits for serving or presenting an information and for issuing a written charge are prescribed by section 127 of the Magistrates’ Courts Act 1980(1) and section 30(5) of the Criminal Justice Act 2003(2).
Part 46 (Representatives) contains rules allowing a member, officer or employee of a prosecutor, on the prosecutor’s behalf, to—
(a)serve on the court officer or present to the court an information; or
(b)issue a written charge and requisition.
See Part 3 for the court’s general powers of case management, including power to consider applications and give directions for (among other things) the amendment of an information or charge and for separate trials.
See also Part 32 (Breach, revocation and amendment of community and other orders). Rule 32.2(2) (Application by responsible officer) applies rules 7.2 to 7.4 to the procedure with which that rule deals.
The Practice Direction sets out forms of information for use in connection with this rule.]
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: