29New method of instituting proceedingsE+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 [F3Director General of the National 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).
Textual Amendments
F1S. 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)
F2S. 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))
F3Words in s. 29(5)(cb) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 187; S.I. 2013/1682, art. 3(v)
Commencement Information
I1S. 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 further purposes at 9.6.2008, 1.11.2009, 1.1.2011, 6.9.2011 and 3.10.2011 by S.I. 2008/1424, arts. 2, 3, S.I. 2009/2879, arts. 2, 3, S.I. 2010/3005, art. 2, S.I. 2011/2188, arts. 2, 3; s. 29(1)-(3) (5) in force for certain further purposes at 19.3.2012 by S.I. 2012/825, art. 2