Commencing criminal proceedings—applying for the issue of a summons

Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert
Practice notes

Commencing criminal proceedings—applying for the issue of a summons

Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert

Practice notes
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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:

  1. •

    the defendant may be arrested and charged by the police and required to attend a magistrates’ court (see below: Instituting proceedings by way of police charge)

  2. •

    a public prosecutor may issue a written charge together with a requisition requiring the defendant to attend a magistrates’ court on a specified date and time (see Practice Note: Commencing criminal proceedings—written charge and requisition or single justice procedure notice)

  3. •

    where available, a public 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 (see Practice Notes: Commencing criminal proceedings—written charge and requisition or single justice procedure notice and Single justice procedure)

  4. •

    the prosecutor can make an application to the magistrates’ court (often referred to as ‘laying

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Jurisdiction(s):
United Kingdom
Key definition:
Summons definition
What does Summons mean?

A document signed by a magistrate which sets out the charges against the accused and requires the accused’s attendance at court at the time and venue specified.

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