Summary and Background Part 4 – Charging etc
21.This Part amends the Police and Criminal Evidence Act 1984 to provide that, where a custody officer decides that there is sufficient evidence to charge a suspect who is in police detention, he is to have regard to guidance issued by the DPP in determining whether the suspect should be released without charge but on bail, released without charge and without bail, or charged. Where, pursuant to that guidance, a case is referred to the Crown Prosecution Service to determine whether proceedings should be instituted (and if so on which charge), the defendant will be released on police bail with or without conditions.
22.This Part also makes provision for a new method of initiating public prosecutions, to replace laying an information and issue of a summons. The police, the CPS and other named public prosecutors will instead issue a written charge, which will be accompanied by a ‘requisition’ informing the defendant when he is to appear in court to answer to it.