Single Justice Procedure Notice – Driving Solicitors

April 18, 2017 10:02 am Published by Driving Solicitors

Single justice procedure notice – Information

What is a single procedure notice?

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Single Justice Procedure Notice – The Criminal Procedure Rules.

Driving Solicitors will outline how a prosecution is started in a Magistrates Court and how the single procedure notice is placed at Magistrates’ Court.

This process is outlined is in the Criminal Procedure Rule 7:

7.1 – (1) Applies in a Magistrates’ court.

  1. a prosecutor wants the court to issue a summons or warrant under section 1 of the Magistrates’ Courts Act 1980;

(b) a prosecutor with the power to do so issues

(i) a written charge and requisition, or

(ii) a written charge and single justice procedure notice under section 29 of the Criminal Justice Act 2003

(c) a person who is in custody is charged with an offence.

(2) In this Part, ‘authorised prosecutor’ means a prosecutor authorised under section 29 of the Criminal Justice Act 2003 to issue a written charge and requisition or single justice procedure notice.

Important: Under section 1 of the Magistrates’ Courts Act 1980, on receiving a formal statement alleging that someone has committed an offence, the court may issue:

(a) a summons requiring that person to attend court; or a warrant for that person’s arrest, if:

(i) the alleged offence must or may be tried in the Crown Court,

(ii) the alleged offence is punishable with imprisonment, or

(iii) the person’s address cannot be established sufficiently clearly to serve a summons or requisition.

The powers of the court to which this Part applies may be exercised by a single justice of the peace.

Under section 29 of the Criminal Justice Act 2003, a prosecutor is authorised under that section may issue a written charge alleging that someone has committed an offence, and a requisition requiring that person to attend court.

The Criminal Procedure Rules Part 7

Notice that the single justice procedure under section 16A of the Magistrates’ Courts Act 1980 applies.

Section 30 of the 2003 Act(b) contains other provisions about written charges, requisitions and single justice procedure notices.

7.2.—(1) A prosecutor who wants the court to issue a summons must:

(a) serve an information in writing on the court officer; or

(b) present an information orally to the court, with a written record of the allegation that it contains.

(2) A prosecutor who wants the court to issue a warrant must—

(a) serve on the court officer—

(i) an information in writing, or

(ii) a copy of a written charge that has been issued; or

(b) present to the court either of those documents.

(3) An authorised prosecutor who issues a written charge must notify the court officer immediately.

(4) A single document may contain—

(a) more than one information; or

(b) more than one written charge.

(5) Where an offence can be tried only in a magistrates’ court, then unless other legislation otherwise provides—

(a) a prosecutor must serve an information on the court officer or present it to the court; or

(b) an authorised prosecutor must issue a written charge, not more than 6 months after the offence alleged.

(6) Where an offence can be tried in the Crown Court then—

(a) a prosecutor must serve an information on the court officer or present it to the court; or

(b) an authorised prosecutor must issue a written charge,

within any time limit that applies to that offence.

The Criminal Procedure Rules Part 7.

The time limits for serving or presenting an information and for issuing a written charge are prescribed by section 127 of the Magistrates’ Courts Act 1980(a) and section 30(5) of the Criminal Justice Act 2003(b).

Part 2 contains rules allowing a member, officer or employee of a prosecutor, on the prosecutor’s behalf, to:

(a) serve on the court officer or present to the court an information; or

(b) issue a written charge and requisition.

Allegation of offence in information or charge. 

7.3.—(1) An allegation of an offence in an information or charge must contain— (a) a statement of the offence that:

(i) describes the offence in ordinary language, and (ii) identifies any legislation that creates it; and

(b) such particulars of the conduct constituting the commission of the offence as to make clear what the prosecutor alleges against the defendant.

(2) More than one incident of the commission of the offence may be included in the allegation if those incidents taken together amount to a course of conduct having regard to the time, place or purpose of commission.

Summons, warrant and requisition. 

7.4.—(1) The court may issue or withdraw a summons or warrant—

(a) without giving the parties an opportunity to make representations; and

(b) without a hearing, or at a hearing in public or in private.

(2) A summons, warrant or requisition may be issued in respect of more than one offence. (3) A summons or requisition must—

(a) contain notice of when and where the defendant is required to attend the court;

(b) specify each offence in respect of which it is issued;

(c) in the case of a summons, identify—

(i) the court that issued it, unless that is otherwise recorded by the court officer, and (ii) the court office for the court that issued it; and

(d) in the case of a requisition, identify the person under whose authority it is issued.

(4) A summons may be contained in the same document as an information.

(5) A requisition may be contained in the same document as a written charge.

The Criminal Procedure Rules.

Part 7.

(i) serve it on the defendant, and (ii) notify the court officer; or

(b) the court officer must—

(i) serve it on the defendant, and

(ii) notify the prosecutor.

(7) Where an authorised prosecutor issues a requisition that prosecutor must—

(a) serve on the defendant— (i) the requisition, and

(ii) the written charge; and

(b) serve a copy of each on the court officer.

(8) Unless it would be inconsistent with other legislation, a replacement summons or requisition may be issued without a fresh information or written charge where the one replaced—

(a) was served by leaving or posting it under rule 4.7 (documents that must be served only by handing them over, leaving or posting them); but

(b) is shown not to have been received by the addressee.

(9) A summons or requisition issued to a defendant under 18 may require that defendant’s parent or guardian to attend the court with the defendant, or a separate summons or requisition may be issued for that purpose.

Important: Part 18 contains other rules regarding warrants.

Section 47 of the Magistrates’ Courts Act 1980(a) and section 30(5) of the Criminal Justice Act 2003 make special provision about time limits under other legislation for the issue and service of a summons or requisition, where service by post is not successful.

The above information has been taken from the Crown (Crown Copyright) among other sources. Please contact: www.drivingsolicitors.co.uk for any further information. Driving Solicitors will be happy to provide the details of our sources.

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