Part 4 Charging etc (ss 28-31)
Part 4 Charging etc (ss 28-31)

28 Charging or release of persons in police detention

Schedule 2 (which makes provision in relation to the charging or release of persons in police detention) shall have effect.


29 New method of instituting proceedings

(1)     A [relevant prosecutor] may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.

[(2)     Where a relevant prosecutor issues a written charge, it must at the same time issue—

(a)     a requisition, or

(b)     a single justice procedure notice.

(2A)     A requisition is a document which requires the person on whom it is served to appear before a magistrates' court to answer the written charge.

(2B)     A single justice procedure notice is a document which requires the person on whom it is served to serve on the designated officer for a magistrates' court specified in the notice a written notification stating—

(a)     whether the person desires to plead guilty or not guilty, and

(b)     if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980.]

(3)     [Where a relevant prosecutor issues a written charge and a requisition, the] written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition.

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