Commencing proceedings

Commencing proceedings guidance:

The legislative framework Section 41 of the Criminal Justice Act 2003 (CJA 2003) and CJA 2003, Sch 3 significantly amended the procedure to be followed by a magistrates'...

Practice Note

Procedure for either-way offences not sent forthwith to the Crown Court for trial: plea before venue and allocation Where the court decides that a case should be tried at...

Practice Note

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

Practice Note

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...

Practice Note

The magistrates' court has wide-ranging powers to commit a defendant to the Crown Court for sentence. The magistrates' primary powers to commit apply if: • the court has...

Practice Note

Initial details of the prosecution case (IDPC) The requirements for service and contents of the initial details of the prosecution case (IDPC) are governed by the...

Practice Note

Legal requirements of an information There are a number of ways of commencing criminal proceedings in England and Wales: • charge at the police station following arrest...

Practice Note

For information on the application of reporting restrictions in criminal proceedings generally, see Practice Note: Reporting restrictions in criminal cases. Restrictions...

Practice Note

The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal with high volume,...

Practice Note

Time limits Where a defendant appears before a magistrates’ court charged with an indictable-only offence and is sent for a Crown Court trial, the prosecution must: • no...

Practice Note