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CPS ?

6 replies

Lifesforloving1 · 14/10/2022 14:32

How long do the cps have to charge someone ?

OP posts:
prh47bridge · 14/10/2022 14:53

The CPS only make charging decisions for more serious cases. There is no time limit.

Lifesforloving1 · 14/10/2022 15:22

@prh47bridge

so not common assault? Abh ect ?

OP posts:
prh47bridge · 14/10/2022 15:28

Common assault is only dealt with by magistrates. The police have 6 months to make a charging decision. However, the CPS will usually be involved if the assault is racially or religiously aggravated, or if the victim was an emergency worker.

ABH is an either way offence (i.e. it can be dealt with by magistrates or Crown Court). The charging decision will usually be made by the CPS.

More serious = pretty much anything that can be dealt with by the Crown Court, as opposed to offences that are only ever dealt with by magistrates.

Lifesforloving1 · 14/10/2022 15:37

@prh47bridge

Thankyou for you’re information ! So the CPS have 6 months to make a decision for AHB too ?

OP posts:
Mannymoomin · 14/10/2022 15:50

@Lifesforloving1 ABH is either way so can be tried at mag or crown court, so no time limits for a charging decision is my limited understanding

prh47bridge · 14/10/2022 16:00

Mannymoomin · 14/10/2022 15:50

@Lifesforloving1 ABH is either way so can be tried at mag or crown court, so no time limits for a charging decision is my limited understanding

That is correct. There is a 6-month time limit for any offence that can only be heard by magistrates. If it is an indictable offence (i.e. must be heard in the Crown Court) or an either way offence (i.e. can be heard at either), there is no time limit. ABH is an either way offence so there is no time limit for charging.

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