How Long For A Court Summons To Be Sent?

[lsharp]

hi does anyone no how long the courts/police get to issue a court summons? the charge is for common assault, no bail or held in a cell etc its been 5 months now and the officer dealing with it just keeps saying its on its way!! so was just wondering if they cannot send one after a certain time?
thanks

[Buenchico]

'Common assault' is a 'summary only' offence, which means that it can only be dealt with in a magistrates' court, not a Crown Court. (There are certain exceptions but they're not relevant here).

As such, there's a 6-month time limit upon the 'laying of information' before a court.

[lsharp]

so do you mean they have 6 months from the incident date to issue the summons?

[New Judge]

Common Assault is a "summary only" offence and the police must "lay an information" before the court within six months of the date of the alleged offence. This provides the authority for a summons to be issued and you should receive your summons at latest a few days after that limit. (There are a very small number of exceptions to that rule but they do not apply to Common Assault matters).

If your summons is considerably later than that you need to enquire when the information was put before the court. If it was more than six months you can reject the summons and repudiate the charge simply on the basis that it is time expired.

[lsharp]

the insident happened on 14th december 2014 and i have received no paperwork whatsoever just the officer dealing with it telling me its in the pipeline!!

[New Judge]

The important date is the date the information was laid before the court. If it was more than six months from the date of the alleged offence it is out of time and that's that.

If the information was laid in time but there was a delay issuing the summons it would be incumbent on the CPS to satisfactorily explain the reasons to the court who would decide whether the matter can proceed.

[Buenchico]

The CPS have 6 months within which to seek the issuing of a summons
http://www.legislation.gov.uk/uksi/2011/1709/article/n7/made
A few days extra might need to be added to that in order to allow for the actual serving of the summons.

[lsharp]

sorry to sound thick but what do you mean by "laid before the court"?

[New Judge]

Once it has been decided to charge you you are entiled to see the "initial Details of the Prosecution Case". This is to outline the evidence the CPS intends to use inorder to prove their case. You should be provided with this before you go to court.

[Buenchico]

NJ's answers weren't there when I started typing!
(That's the perils of attempting to multi-task!)

[New Judge]

"Laid before the court" is just an legal term to describe the administrative process where the prosecuting authority tells the court that they want to bring charges against you.

[New Judge]

Same thing happened to me, Chico !!

[lsharp]

to be honest i dont understand your answers too prim and proper lol....basically i have had nothing, no summons, no paper work to say what i have been charged with just an interview taken....im fed up of waiting for a summons as i cannot get a solicitor until i have a hearing date

[New Judge]

Sorry to be too detailled. In simple terms they have six months to summons you. Is that easier !!!???

[Buenchico]

From my link:
"Where an offence can be tried only in a magistrates’ court, then unless other legislation otherwise provides—

(a)a prosecutor must serve an information on the court officer or present it to the court; or

(b)a public prosecutor must issue a written charge".

So the CPS have got 6 months within which to either charge you or to seek a summons. After that they're out of time.

However your time-keeping seems to have gone a bit awry. From 14/12/14 to now is only (roughly) 3½ months, not 5 months!

[lsharp]

thank you i understand now lol, yes sorry i meant 3 typing in the dark lol! dam so they still have till june to issue lol

[lsharp]

So the summons is finally here, 2 weeks bloody time! Rung a solicitor today who r ringing me back tomorrow but with it been Easter and them closed I'm really worried I won't get a solicitor in time :((