Some road traffic offences can be commenced by way of a written charge issued by a public prosecutor. Prosecutors have authority to institute criminal proceedings against an accused without involvement of the Court. They can do this by issuing a written charge. The legal requirements for issuing a written charge are found at section 29 Criminal Justice Act 2003. The prosecutor must at the same time issue a requisition which requires the defendant to attend a Magistrates’ Court to answer to the charge(s). The documents must be served on the defendant and a copy sent to the Court also. However, the time limit only applies to issuing the charge and requisition, not to sending it or the defendant receiving it.
The charge
The written charge usually includes the name of the accused person, the details of the offence(s) with which they are charged, and the relevant section of law that they are alleged to have violated. It may also include other information such as the time and place of the alleged offence, the identity of any victims, and any other relevant facts or circumstances.
Applicable Time limits
For summary only offences (offences triable in the Magistrates’ Court only such as drink driving, drug driving and speeding) , the prosecutor must issue the written charge within six months from the date of an alleged offence, in accordance with section 127 Magistrates’ Court Act 1980. If they fail to issue a written charge within the six-month time frame, the prosecution will be time barred and the case cannot proceed. For example if a drug driving offence was committed on 31 January 2023, the last date to issue the written charge and would be 31 July 2023.
If a written charge is raised outside of the six-month time frame, we can argue that the case is out of time as a matter of law and ask the court to stop the proceedings.
In January 2023 the Geoffrey Miller Team won a case for a client based on the fact that the Crown Prosecution Service issued the written charge three days late, despite the fact that the preparation of the paperwork was started within the 6 months’ time frame.
Please note this time frame does not apply to offences that are triable either way (meaning they can be heard in the Magistrates’ Court or the Crown Court) such as dangerous driving. No time limit applies to charges that are indictable only so can only be tried in the Crown Court (eg. cases involving a fatality such as causing death by dangerous driving are indictable only).
Can delay be a defence
If a charge is raised in time but very late in the six month window, sadly this is not a defence. However, delays in carrying out investigations, particularly when the analysis of a blood or urine sample could be compromised, may feature as part of a defence to the charge.
If you are charged with a motoring offence and are concerned that the written charge was issued out of time, then please contact our office and one of our motoring law specialists will be able to advise you further.
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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
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