Commentary on Sections Part 4: Charging Etc Section 29: New method of instituting proceedings
171.This section provides for a new method of instituting criminal proceedings which is available to a public prosecutor as defined in subsection (5). It consists in the issue to the person to be prosecuted of a written charge, together with a written requirement (‘a requisition’) for him or her to appear before a magistrates’ court to answer to the charge.
172.Subsection (3) requires the written charge and the requisition to be served on the person named and to be copied to the court.
173.Subsection (4) prohibits public prosecutors from laying an information for the purpose of obtaining the issue of a summons under section 1 of the Magistrates’ Courts Act 1980. They may still do so, however, for the purpose of obtaining the issue of a warrant (Section 30(4)).