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The CPS has a maximum of 24 hours to make a decision on whether or not to charge someone with a crime. However, this does not mean that they will always make a decision within this time frame. In some cases, the CPS may need more time to gather evidence or speak to witnesses.
- Summary only Offences
- Either Way and Indictable only Offences
- Release Under Investigation
- Crimes Committed as A Child
- Retrospective Prosecution
- Conclusion
Offences which are triable summarily only (this means those cases which are only able to be tried in the Magistrates’ Court) have different rules to cases that can be heard in the Crown Court (these are called Triable Either Way or Indictable cases, and are explained further below). S.127 of the Magistrates’ Court Act 1980 enforces a strict time li...
Unlike legislation that limits how long a case can be investigated before it is taken to court in summary only cases, there is no such legislation for either way or indictable only offences. This means that you could be charged with a crime which was alleged to have taken place years ago, at any point during your life. When situations arise where a...
Being released under investigation differs from bail in a number of ways. If you are released under investigation the following applies: You are not expected to return to the police station at a given date/time; You have no conditions which put limits on your life; There is no timeframe attached to how long you can be released under investigation. ...
The age of criminal responsibility is 10-years-old in England and Wales. Therefore, if a person commits a crime under 10, they cannot be prosecuted for that crime in the future. For summary-only offences, the same rules apply as set out above. Therefore, if an allegation of a summary only offence, such as a common assault, which you committed betwe...
It is very unlikely that legislation will be passed which makes actions or behaviour which are legal, illegal before the legislation was passed. This wouldn’t be the case if an offence is covered by other legislation. Therefore, if your conduct was legal at the time it was done, but later legislation was enacted which prohibited that behaviour, you...
It is unfortunate that continual cuts to policing and court services have slowed down the progression of cases in recent years. As such, it is not uncommon for a person to be released under investigation for a number of months, or even years. If they are charged, slow progression through the courts can see cases drag on much longer than they should...
If you are suspected of a serious crime – for example, murder – you may be held in custody up to 96 hours (four days). If you are arrested on terrorism grounds, you can be held in police custody without being charged for as long as 14 days.
Community sentences combine rehabilitation with activities carried out in the community, such as unpaid work to remove graffiti or clear up litter, getting treatment for drug addiction or keeping to a curfew. This is not a soft option – offenders can be made to do between 40 and 300 hours of demanding work.
Explains what may happen if you're charged with committing a crime, what happens when you to go court, and how your mental health is taken into account.
If you plead guilty you will get a reduction in your sentence. To qualify for the maximum level of reduction (one third), a defendant must plead at the first court hearing. Defendants who plead later will serve longer sentences than those who accept their guilt and plead at this early stage.
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Dec 12, 2023 · Arrested but Not Charged: Unveiling What Your Record Reveals. If you were arrested many years ago but not charged, the details of your arrest might still appear on your record, specifically on the Police National Computer (PNC).
