A Friend of mine :) was formally charged with an offence over two years ago but has never been summoned to court. Is he in the clear. I (sorry), he cannot get an answer to this question from any Law books or even Citizens Advise.
2006-11-30 00:08:38 · 6 answers · asked by Ed G 1 in Politics & Government ➔ Law & Ethics
I haven't been able to find a time limit and think that our legislators have been reluctant to impose any time limit because the evidence in some cases is notoriously time consuming to put together. What I do know is that every so often the CPS will have kind of spring cleaning session and turn up in court with a big pile of cases which they want to get rid of. There are three basic ways of achieving this in the magistrates' court. The first is by the use of the power in section 23 Prosecution of Offences Act 1985 ('s.23'). The second is by applying to withdraw the summons or charge and the third is by offering no evidence in court.
Discontinuance under s.23 can take place at any time until the magistrates begin to hear evidence in a trial. Timely termination of proceedings is in the interests of justice. The power to discontinue enables The CPS to terminate proceedings as soon as practicable after the decision is taken and avoids the need for a court hearing or the attendance of the parties. It also enables a defendant in custody to be released immediately without the need to wait until the next hearing. For these reasons, where it is intended to discontinue the entire proceedings, the preferred method of termination is normally discontinuance under s.23.
As a general rule, a decision to terminate proceedings on the ground of public interest is final. Only in exceptional cases is it appropriate to re-institute proceedings terminated on public interest grounds. On the other hand, when the decision has been taken on the basis of insufficient evidence, it is open to the prosecution to re-institute the proceedings if further evidence comes to light.
The defendant has a right to request the revival of proceedings which have been discontinued under s.23. S/he must make the request within 35 days of the notice being sent to the court. The most likely reason for a revival notice is the defendant's wish to be formally acquitted on the offence or offences charged.
The effect of the revival request is to turn the clock back so that the proceedings continue as if no notice of discontinuance had been given, but it does not affect the termination of orders regarding bail or custody. If the defendant has been released from custody following the discontinuance of the case under s.23, s/he cannot be detained if the proceedings are revived.
Unless circumstances have radically changed since the notice of discontinuance was issued, the reviewing lawyer will formally offer no evidence in court.
All being well, your friend could receive a notice of discontinuance at some point. He probably won't want to revive the proceedings!
2006-11-30 00:31:34 · answer #1 · answered by Doethineb 7 · 0⤊ 1⤋
Some offences require the prosecution to proceed within 6 months these are fairly minor matters. If your friend was formally charged this suggests that the prosecution has begun and your friend would have been bailed to attend court on a specified day and time - failure to appear will result in an arrest warrant. However if by "formally charged" you mean "reported for a prosecution to be considered" it is possible that either a caution was issued - or a summons and either one has gone adrift i.e. your friend might have moved. One day your friend may pass through immigration going on holiday or may be involved in some other matter coming to notice of police and may or may not be arrested. The year and a day does not apply as serious offenders - murderers and the like are being caught years after the offence.
2006-11-30 08:17:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Should be dealt with within a reasonable time, although strictly there is no time limit, since some offence can take time to investigate, its depends what he has been charged with.
2006-12-01 06:37:56 · answer #3 · answered by logicalawyer 3 · 0⤊ 0⤋
In the UK its 1 year and 1 day xx
2006-11-30 08:13:40 · answer #4 · answered by starlet108 7 · 0⤊ 0⤋
Consult an attorney!
2006-11-30 08:10:42 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Keep quiet about it they've forgotten!
2006-11-30 08:13:37 · answer #6 · answered by Sir Sidney Snot 6 · 0⤊ 0⤋