Commencing proceedings

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All criminal cases begin in the magistrates' court regardless of the seriousness of the offence. There are, however, a number of ways of commencing criminal proceedings in England and Wales:

  1. •

    the defendant may be arrested and charged by the police and brought before a magistrates’ court

  2. •

    the prosecution can apply to the magistrates’ court for the issue of a summons (also called ‘laying an information’) requiring the defendant to attend court on a specified date and time

  3. •

    a relevant prosecutor may issue a written charge together with a requisition requiring the defendant to attend court on a specified date and time

  4. •

    a relevant prosecutor may issue a written charge together with a single justice procedure notice requiring the defendant to indicate a plea and if guilty, consent to the disposal of the case by use of the single justice procedure on the papers

Time limits for commencing proceedings

Practice Note: Time limits for commencing criminal proceedings explains the time limits for commencing a criminal prosecution in England and Wales. It explains the time limit for commencing proceedings for summary only offences, the extension

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