Charging

As soon as there is sufficient evidence to charge a person, the police must decide on an appropriate method of dealing with him or her. As an alternative to charging immediately, they can, for example, decide to de­fer charging, to caution, to deal with the matter by summons or to take no further action and release the person with or without bail. Where an immediate charge is appropriate the person may continue to be held in custody if the name or address furnished is considered suspect, if there are grounds for believing that detention is necessary for his or her own protection, to prevent harm to people or property, or if there is a risk that the person would otherwise fail to appear in court or could interfere with the administration of justice. When no such considerations apply, the person must be released with or without bail depending on the circum­stances of the case. Where a person is detained after charge, there is pro­vision in the Act for him or her to be brought before a magistrates' court quickly. This will usually be no later than the following day.

Under the Prosecution of Offences Act 1985 there is provision for statutory time limits on the period from arrest to the beginning of trial in England and Wales: time limits are in force in 13 English counties and throughout Wales and are to be phased in elsewhere with the aim of their being in force throughout England by the end of 1990. The limits are 56 days from first appearance before magistrates to summary trial or 70 days to committal for trial in the Crown Court. The limit is 112 days from committal to taking of the plea in the case of the Crown Court.