Prosecution
The initial decision whether or not to prosecute you is now taken by the Crown Prosecution Service (C.P.S) lawyers; in all but the simplest cases the police must consult them before charge, even where you are being held in the police station while a decision is reached. Not every crime where a suspect is detected is prosecuted as a matter of course. The CPS have a discretion whether to charge, and will consider both the strength of the evidence and the public interest.
Prosecutions can be commenced by charge or by summons. Once a prosecution has been started, the responsibility for conducting it passes to the Crown Prosecution Service, who will then decide whether to proceed with, to alter or to drop the charges. They also have the power to take over private prosecutions and can then discontinue them. They can direct the police on what further evidence or investigation is needed. They have a duty to keep cases under review and you or your solicitor can make representations to them at any stage about the need to commence or continue the prosecution of the case against you.
The police may charge you with one or more offences and then either release you on bail to attend court in a few days or keep you in custody when they must produce you at the next sitting of the local Magistrates' Court.
Alternatively, for less serious offences and most road traffic matters where you may not have been arrested you should normally be released without charge and sent a summons by post a few weeks later. Both summons and charge sheet will set out the details of the offence or offences and the place, time and date that you must attend court.
Each offence must be set out in a separate charge, if two or more are combined the charge is ‘bad for duplicity’.
The sworn information on which a less serious offence is charged must be laid before the court within six months of the incident.
Prosecutions can be commenced by charge or by summons. Once a prosecution has been started, the responsibility for conducting it passes to the Crown Prosecution Service, who will then decide whether to proceed with, to alter or to drop the charges. They also have the power to take over private prosecutions and can then discontinue them. They can direct the police on what further evidence or investigation is needed. They have a duty to keep cases under review and you or your solicitor can make representations to them at any stage about the need to commence or continue the prosecution of the case against you.
The police may charge you with one or more offences and then either release you on bail to attend court in a few days or keep you in custody when they must produce you at the next sitting of the local Magistrates' Court.
Alternatively, for less serious offences and most road traffic matters where you may not have been arrested you should normally be released without charge and sent a summons by post a few weeks later. Both summons and charge sheet will set out the details of the offence or offences and the place, time and date that you must attend court.
Each offence must be set out in a separate charge, if two or more are combined the charge is ‘bad for duplicity’.
The sworn information on which a less serious offence is charged must be laid before the court within six months of the incident.
