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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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Can the police use the postal requisition to charge when you are currently on condi

Customer Question

Hi
Can the police use the postal requisition to charge when you are currently on conditional bail? I ask this as the police have used this course of action as they only had one day left of the 6 month limit to charge.
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
is this not an abuse of process, the rush caused the police put the wrong victim details on the notice and according to the clark of the court the offence detailed is in fact not an offence however the magistrates allowed the police and cps to get further details to me by the 6th Aug 15
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think they may not be able to?
Why should it be an abuse?
Customer: replied 1 year ago.
because the police have a deadline to issue proceedings the way they have done it i feel is an abuse of process as it does not follow the rules e.g. I was on conditional bail at the time I received the requisition. The details on the notice were not correct and as I've pointed out the court clark said in open court from the details there is no offence
Expert:  Jo C. replied 1 year ago.
Yes, I understand that but that doesn't make it an abuse. They can just amend the details.
The fact that you were on bail and they have removed that and summonsed doesn't amount to an abuse.
The charge sheet is wrong more often than it is right in my experience. The Crown are always amending indictments. It wouldn't make much sense if a charge sheet, that is ultimately written by a police officer rather than a prosecutor, could not be amended at all at any time.
If you were on conditional bail then it might have been that they didn't need to summons but they are free to do so.
Customer: replied 1 year ago.
The conditions set to use the postal requisition according to the cps is that the person must be on unconditional bail at the time.
Customer: replied 1 year ago.
Postal requisitions and postal charging
Further informationSee Section 29 and section 30 of the Criminal Justice Act 2003Postal requisitioning may be used to completely replace the summons process, ending the requirement to lay information before the court to issue a summons. Postal charging replaces the charging process in appropriate cases, ie, where the person is released on unconditional police bail awaiting a charging decision.
Expert:  Jo C. replied 1 year ago.
But that doesn't amount to an abuse.
There are cases that weaken that provision anyway.

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