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(1)Where a person is [F2dealt with under section 37(7)(a)] above, an officer involved in the investigation of the offence shall, as soon as is practicable, send to the Director of Public Prosecutions such information as may be specified in guidance under section 37A above.
(2)The Director of Public Prosecutions shall decide whether there is sufficient evidence to charge the person with an offence.
(3)If he decides that there is sufficient evidence to charge the person with an offence, he shall decide—
(a)whether or not the person should be charged and, if so, the offence with which he should be charged, and
(b)whether or not the person should be given a caution and, if so, the offence in respect of which he should be given a caution.
(4)The Director of Public Prosecutions [F3shall give notice] of his decision to an officer involved in the investigation of the offence.
[F4(4A)Notice under subsection (4) above shall be in writing, but in the case of a person kept in police detention under section 37(7)(a) above it may be given orally in the first instance and confirmed in writing subsequently.]
(5)If his decision is—
(a)that there is not sufficient evidence to charge the person with an offence, or
(b)that there is sufficient evidence to charge the person with an offence but that the person should not be charged with an offence or given a caution in respect of an offence,
a custody officer shall give the person notice in writing that he is not to be prosecuted.
(6)If the decision of the Director of Public Prosecutions is that the person should be charged with an offence, or given a caution in respect of an offence, the person shall be charged or cautioned accordingly.
(7)But if his decision is that the person should be given a caution in respect of the offence and it proves not to be possible to give the person such a caution, he shall instead be charged with the offence.
(8)For the purposes of this section, a person is to be charged with an offence either—
[F5(a)when he is in police detention at a police station (whether because he has returned to answer bail, because he is detained under section 37(7)(a) above or for some other reason), or]
(b)in accordance with section 29 of the Criminal Justice Act 2003.
(9)In this section “caution” includes—
(a)a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003, and
[F6(aa)a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998]
(b)a warning or reprimand under section 65 [F7of that Act] .]
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
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