Preliminaries to Prosecution
SYLLABUS REFERENCE:
2. Preliminaries to prosecution:
The structure of the codes of conduct issued under the Police and Criminal Evidence Act
1984 [PACE] and their importance to criminal investigations (key principles only),
The provisions of Code C.10 (cautions and special warnings) and Code C.11
(interviews),
The provisions of Code D.3 (identification by witnesses),
The different powers of search and arrest,
The role of the Crown Prosecution Service, including the Crown Prosecutors Code and
the charging standards,
The different forms of commencing criminal proceedings.
READING:
Required reading
CLS Crim Lit Manual 2014, Chapters 1, 2
Criminal Procedure Rules 2013
The CrimPR 2013 came into effect in Oct 2013
All amendment came into effect on 7 April 2014
Rules set out case management powers for the magistrates and Crown Court
and, perhaps most significant is the overriding objective
o An echo of the civil litigation overriding objective
The case progression officer (CPO) is responsible for progressing the case
Actively managing the case means:
1. Identifying the real issues at an early stage
2. Identifying the needs of the witnesses at an early stage
3. Setting a timetable for the progress of the case, and deciding what must
be done, by whom and by when
4. Monitoring case progress and compliance with any directions
5. Ensuring that evidence is presented in the most succient and clear way
6. Avoiding unnecessary hearings
7. Encouraging co-operation
8. Using technology
Preliminaries
Anyone can be tried for an offence committed in England and Wales, regardless
of nationality
English courts have jurisdiction over some offences committed abroad in certain
circumstances
1
, o Such as, offences of murder or manslaughter of a British citizen
People who are immune from prosecution – The Queen, foreign sovereigns and
heads of state, their families and personal servants
Main duty of the Crown Prosecution Service (CPS) is to conduct all criminal
proceedings commenced by the police
Early administrative Hearings (EAH)
The D’s first appearance at court
May be before a court consisting of a single lay justice
At this hearing, the accused shall be asked if he or she wishes to receive publicly
funded legal representation, and if he or she does, the Legal Aid Agency decide
whether or not to grant it
Commencement of criminal proceedings
Three methods of commencement:
1. Public prosecutions (e.g. CPS): written charge (setting out offence with
which D is charged) & (requiring D to appear before a magistrates'
court), issued by prosecutor: CJA 2003, s 29.
Most likely to encounter the Crown Prosecution Service
If you’re a public prosecutor, you can commence proceedings by a
written charge and requisition – documents send through the
post and by a way of charge following arrest
Requisition is a document which tells you a date and time
to turn up at the magistrate’s court
The court isn’t involved until the D shows up in court
2. Private prosecutions: prosecutor lays an information (i.e. communicates
allegation to a magistrates’ court) issue of a summons by court
requiring D to appear before it.
Information gets laid by the information be communicated to the magistrate’s
court. The court then issues a summons requiring the D to attend the
magistrates court at a date and time
Summons is private prosecution, but it’s issued by the court
3. Arrest charge.
Granted police bail
Written charge and Requisition Procedure
Prosecutions brought by:
a) A police officer force
b) The director of the SFO
c) The DPP (and CPS)
d) The Director of General of the NCA
e) A person specified by the Secretary of State in an order under CJA 2003
He designated ‘relevant prosecutors include:
2
, a) Secretary of State for Work and Pensions
b) The secretary of State for Health in England and Wales
c) The secretary of state for business
d) Energy and Industrial Strategy
e) The Driver and Vehicle standards Agency
f) Transport for London
g) Environment Agency
h) Specified local authorizes and
i) The Natural Resources Body for Wales
j) Certain tramways operators and
k) TV licensing authority
A prosecutor to whom these provisions may apply in state criminal proceedings
against a person by issuing a ‘written charge’
Charges a person with an offence
Where a prosecutor issues a written charge, a requisition must be issued at the
same time. This requires:
The accuse to appear before the Mag Court to answer the written charge
The written charge and requisition must be served to the accused and
Copy of both must be served in the court names in the requisition
Applying for the Issue of a Summons (laying of information)
Written charge and requisition must be commenced by making an application to the
Mag Court for the issue of summons
Prosecutor who wants the court to issue a summons must either:
Serve a written application on the court
Or present an application orally to the court in which the application must set
out:
o The allegations made by the applicant and
o If there is a time limit for prosecution of the offences
o Demonstrate that the application is made in time
o Concisely the grounds for asserting that the accused has committed the
allege offence
o Must disclose details of any previous application by the same applicant of
allegations now made
o Current or previous proceedings brought by another prosecutor
o Include a statement at the best of the applicant’s knowledge, information
and belief
o Evidence on which the applications relies
o If made orally it must be made on oath or affirmation
The summons:
3
SYLLABUS REFERENCE:
2. Preliminaries to prosecution:
The structure of the codes of conduct issued under the Police and Criminal Evidence Act
1984 [PACE] and their importance to criminal investigations (key principles only),
The provisions of Code C.10 (cautions and special warnings) and Code C.11
(interviews),
The provisions of Code D.3 (identification by witnesses),
The different powers of search and arrest,
The role of the Crown Prosecution Service, including the Crown Prosecutors Code and
the charging standards,
The different forms of commencing criminal proceedings.
READING:
Required reading
CLS Crim Lit Manual 2014, Chapters 1, 2
Criminal Procedure Rules 2013
The CrimPR 2013 came into effect in Oct 2013
All amendment came into effect on 7 April 2014
Rules set out case management powers for the magistrates and Crown Court
and, perhaps most significant is the overriding objective
o An echo of the civil litigation overriding objective
The case progression officer (CPO) is responsible for progressing the case
Actively managing the case means:
1. Identifying the real issues at an early stage
2. Identifying the needs of the witnesses at an early stage
3. Setting a timetable for the progress of the case, and deciding what must
be done, by whom and by when
4. Monitoring case progress and compliance with any directions
5. Ensuring that evidence is presented in the most succient and clear way
6. Avoiding unnecessary hearings
7. Encouraging co-operation
8. Using technology
Preliminaries
Anyone can be tried for an offence committed in England and Wales, regardless
of nationality
English courts have jurisdiction over some offences committed abroad in certain
circumstances
1
, o Such as, offences of murder or manslaughter of a British citizen
People who are immune from prosecution – The Queen, foreign sovereigns and
heads of state, their families and personal servants
Main duty of the Crown Prosecution Service (CPS) is to conduct all criminal
proceedings commenced by the police
Early administrative Hearings (EAH)
The D’s first appearance at court
May be before a court consisting of a single lay justice
At this hearing, the accused shall be asked if he or she wishes to receive publicly
funded legal representation, and if he or she does, the Legal Aid Agency decide
whether or not to grant it
Commencement of criminal proceedings
Three methods of commencement:
1. Public prosecutions (e.g. CPS): written charge (setting out offence with
which D is charged) & (requiring D to appear before a magistrates'
court), issued by prosecutor: CJA 2003, s 29.
Most likely to encounter the Crown Prosecution Service
If you’re a public prosecutor, you can commence proceedings by a
written charge and requisition – documents send through the
post and by a way of charge following arrest
Requisition is a document which tells you a date and time
to turn up at the magistrate’s court
The court isn’t involved until the D shows up in court
2. Private prosecutions: prosecutor lays an information (i.e. communicates
allegation to a magistrates’ court) issue of a summons by court
requiring D to appear before it.
Information gets laid by the information be communicated to the magistrate’s
court. The court then issues a summons requiring the D to attend the
magistrates court at a date and time
Summons is private prosecution, but it’s issued by the court
3. Arrest charge.
Granted police bail
Written charge and Requisition Procedure
Prosecutions brought by:
a) A police officer force
b) The director of the SFO
c) The DPP (and CPS)
d) The Director of General of the NCA
e) A person specified by the Secretary of State in an order under CJA 2003
He designated ‘relevant prosecutors include:
2
, a) Secretary of State for Work and Pensions
b) The secretary of State for Health in England and Wales
c) The secretary of state for business
d) Energy and Industrial Strategy
e) The Driver and Vehicle standards Agency
f) Transport for London
g) Environment Agency
h) Specified local authorizes and
i) The Natural Resources Body for Wales
j) Certain tramways operators and
k) TV licensing authority
A prosecutor to whom these provisions may apply in state criminal proceedings
against a person by issuing a ‘written charge’
Charges a person with an offence
Where a prosecutor issues a written charge, a requisition must be issued at the
same time. This requires:
The accuse to appear before the Mag Court to answer the written charge
The written charge and requisition must be served to the accused and
Copy of both must be served in the court names in the requisition
Applying for the Issue of a Summons (laying of information)
Written charge and requisition must be commenced by making an application to the
Mag Court for the issue of summons
Prosecutor who wants the court to issue a summons must either:
Serve a written application on the court
Or present an application orally to the court in which the application must set
out:
o The allegations made by the applicant and
o If there is a time limit for prosecution of the offences
o Demonstrate that the application is made in time
o Concisely the grounds for asserting that the accused has committed the
allege offence
o Must disclose details of any previous application by the same applicant of
allegations now made
o Current or previous proceedings brought by another prosecutor
o Include a statement at the best of the applicant’s knowledge, information
and belief
o Evidence on which the applications relies
o If made orally it must be made on oath or affirmation
The summons:
3
