Criminal Justice Act 2003

29 New method of instituting proceedings E+W

(1) A public 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 public prosecutor issues a written charge, it must at the same time issue a document (a “requisition”) which requires the person to appear before a magistrates' court to answer the written charge.

(3) 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.

(4) In consequence of subsections (1) to (3), a public prosecutor is not to have the power to lay an information for the purpose of obtaining the issue of a summons under section 1 of the Magistrates' Courts Act 1980 (c. 43).

(5) In this section “public prosecutor” means—

(a) a police force or a person authorised by a police force to institute criminal proceedings,

(b) the Director of the Serious Fraud Office or a person authorised by him to institute criminal proceedings,

(c) the Director of Public Prosecutions or a person authorised by him to institute criminal proceedings,

[F1 (ca) the Director of Revenue and Customs Prosecutions or a person authorised by him to institute criminal proceedings,]

[F2 (cb) the Director General of the Serious Organised Crime Agency or a person authorised by him to institute criminal proceedings;]

(d) the Attorney General or a person authorised by him to institute criminal proceedings,

(e) a Secretary of State or a person authorised by a Secretary of State to institute criminal proceedings,

(f) the Commissioners of Inland Revenue or a person authorised by them to institute criminal proceedings,

(g) the Commissioners of Customs and Excise or a person authorised by them to institute criminal proceedings, or

(h) a person specified in an order made by the Secretary of State for the purposes of this section or a person authorised by such a person to institute criminal proceedings.

(6) In subsection (5) “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23).

Annotations:

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Amendments (Textual)

F1 S. 29(5)(ca) inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50(6), 53, Sch. 4 para. 130; S.I. 2005/1126, art. 2(2)

F2 S. 29(5)(cb) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 196; S.I. 2006/378, art. 4(1), Sch. (subject to art. 4(2)-(7))

Commencement Information

I1 S. 29 partly in force; s. 29 not in force at Royal Assent, see s. 336(3); s. 29(1)-(3)(5)(6) in force for certain purposes at 25.7.2007 by S.I. 2007/1999, arts. 2, 3; s. 29(1) - (3)(5)(6) in force for certain purposes at 9.6.2008 by S.I. 2008/1424, arts. 2, 3; s. 29(1)-(3)(5)(6) in force for certain purposes at 1.11.2009 by S.I. 2009/2879, arts. 2, 3; s. 29(1)-(3)(5)(6) in force for certain purposes at 1.1.2011 by S.I. 2010/3005, art. 2