How long can an assault be put back before it is has to be a charge

[rizpick]

I have had my bail date to return to the police station put back 3 times now and it will have almost been 4 months since the original arrest. I was wondering how long they can keep doing this as I keep having to book time off work ? I understand they may be busy but it is excruciating and prolonging the stress of the situation

[Buenchico]

'Common assault' is a normally 'summary only' offence (which can only be dealt with by a Magistrates Court, rather than a Crown Court). As such, the 'laying of information' must occur within 6 months of the offence.

More serious types of assault (such as 'ABH', GBH' or 'GBH with intent') are 'either way' or 'indictable only' offences, where there is no time limit for prosecution. (You could still be prosecuted half a century, or more, after the offence).

Chris

[rizpick]

Is it likely that a CPS may change the stance of an assault charge to an affray for example to overcome these parameters? I have read the charging standards and sentencing guidelines in and out and still find a little gap in when they decide to charge with an assault and when they charge with a public order offence. Many precedents I have looked at seem to fall into the category of both or one or the other really, yet have been charged as one over the other.

[New Judge]

The CPS has a duty to charge appropriately according to the evidence. They should not "over-charge" just to get round the six month rule for summary offences which Chris has explained.

[Mike25]

In my situation an incident happened in march 2009, I was never charged or arrested but the CPS is bringing to court to try and prosecute me for GBH, the court date is arranged for June 2011 (nearly two and a half years later!). This is a very slow process, don't hold your breath!