CLP 12 - Commencing Proceedings Flashcards
When can someone be charged after arrest?
- At the end of police station detention
- After returning on police bail
- After CPS review
Why is pre-charge bail imposed?
Insufficient evidence
Police need more evidence
Referral to CPS required
Can a suspect be released without bail while investigation continues?
Yes.
What is a written charge and who can issue it?
It is a court order to attend magistrates’ court. A public prosecutor.
Is arrest required before issuing a requisition?
No – the suspect doesn’t need to be arrested beforehand.
Who must receive the charge and requisition?
Both the accused and the court.
Can private prosecutions use written charge and requisition?
No – they must start by summons.
What must a written charge or information include?
- Statement of offence in ordinary language
- Reference to relevant statute
- Sufficient details for the accused to understand the allegation
What is the general time limit for charging someone?
No general limit, except for summary-only offences.
What is the time limit for summary-only offences?
Six months from the date of the alleged offence.
Is there a time limit for indictable offences?
No – indictable offences can be charged at any time.
Who must prove the charge was brought within time if disputed?
The prosecution, beyond reasonable doubt.
