Charging by the police
From CrimeLine from Andrew Keogh
- New Code for Crown Prosecutors
- The Director’s Guidance on Charging
- Duties of custody officer before charge
The Police may determine the charge in the following cases:
(i) Any offence under the Road Traffic Acts or any other offence arising from the presence of a motor vehicle, trailer, or pedal cycle on a road or other public place, except where (and the charge must therefore be determined by a Crown Prosecutor):
- The circumstances have resulted in the death of any person; or
- There is an allegation of dangerous driving; or
- The allegation is one of driving whilst disqualified and there has been no admission in a PACE interview to both the driving and the disqualification; or
- The statutory defence to being in charge of a motor vehicle (unfit through drink or drugs or excess alcohol) may be raised under Section 4(3) or 5(2) of the Road Traffic Act 1988; or
- There is an allegation of the unlawful taking of a motor vehicle or the aggravated unlawful taking of a motor vehicle (unless the case is suitable for disposal as an early guilty plea in the magistrates’ court).
(ii) Any offence of absconding under the Bail Act 1976 (Failure to surrender to bail) and
- any offence contrary to Section 5 of the Public Order Act 1986 and
- any offence under the Town Police Clauses Act 1847,
- the Metropolitan Police Act 1839, the Vagrancy Act 1824,
- the Street Offences Act 1959, under Section 91 of the Criminal Justice Act 1967,
- Section 12 of the Licensing Act 1872,
- any offence under any bylaw and any summary offence punishable on conviction with a term of imprisonment of 3 months or less except where (and the charge must therefore be determined by a Crown Prosecutor): The Director of Public Prosecutions publishes other arrangements for the charging and prosecution of these offences.
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