Can someone help with this please?

[Calvados]

A relative has received a letter saying he must attend the local magistrates court to answer a charge of malicious wounding. He says he has never been arrested or charged with this offence. He went to the police station and gave a recorded statement but was told he was not under arrest and was free to leave whenever he wanted. He was not cautioned or had his fingerprints taken. He wasn't photographed and wasn't asked to give a DNA sample. Perhaps It's my lack of knowledge, but something doesn't seem right about this. Can anyone explain please? I know people on here mean really well, but please only answer if you are clued up on such things. TIA.

[factor-fiction]

Might be worth checking with the police- it could be an error.
Was a solicitor present when at the police station?
http://www.ukcle.ac.uk/resources/roleplays/mat erials/jurisdiction.html

[Calvados]

Thanks for that Factor.

No, a solicitor was not present. I know that because I went with my relative to the police station and asked to be present for the interview, but the officer said it wasn't necessary. He was only taking a statement that would be recorded.

There was definitely no arrest, no charge and no caution.

[Barmaid]

There are two ways of starting criminal proceedings. One is by way of charge and then bailing to the mags court. The other is by way of laying an information before the mags and issuing a summons. There does NOT have to be an arrest charge and caution before criminal proceedings commence.

[Calvados]

Thanks Barmaid. I didn't know that.

But if he hasn't been charged by the Police, how can the summons say he has to answer the CHARGE of malicious wounding?

They are still saying there is a charge, aren't they?

[factor-fiction]

Looks like the latter has happened here then, Barmaid.
I'm interested in how this works. Do you have a link explaining the process? Who decides whether to go down this route- is it the police? In what circumstances do they go down this route and do they need to inform the person. Are they entitled to a solicitor in the same way as someone who is arrested?
Just curious as I hadn't come across this before, and I thought the info may help Calvados.

[Barmaid]

Sorry factor no idea of any link - I just remember it from when I did Criminal Practice and Procedure. Generally, it will be the officer in the case who makes the decision ie whether to charge or summons. Very often criminal proceedings are started by way of charge but in this case it looks as if the def has been interviewed under caution and then left - thereafter the OIC has taken pre charge advice and decided not to recall him to the police station but simply to issue a summons. At the magistrates court the Def should be entitled to see duty (subject to meeting the requirements of legal aid) but in any event, this will be committed to the Crown Court at which point legal aid will definitely be granted.

Although there has not been a "charge" per se Calvados, the information can still be laid in front of the magistrates and then your friend has to answer the charge which is then "put" to him and to which he pleads guilty or not guilty.

A good example is driving without due care and attention. You are often not arrested or charged but are told you will be "reported". The next thing you get is a summons requiring you to answer the charge at the magistrates court.

Sara3 may be able to assist since similar happens with benefit fraud. You are not arrested, nor charged, but interviewed under caution and then summoned to the court.