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Written charge definition

What does Written charge mean? In everyday criminal practice in England and Wales, a written charge is the prosecutor’s charging document, usually sent by post, that starts a criminal case and sets out the alleged offence(s). It is issued by a public prosecutor (for example, the CPS or another specified prosecutor) under section 29 of the Criminal Justice Act 2003, replacing the former need to lay an information. The written charge is served with either a requisition requiring the defendant to attend the magistrates’ court, or (for eligible non-imprisonable summary offences) a Single Justice Procedure notice. Proceedings are instituted when the written charge is issued,...

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Limitation Periods and Prosecutor’s Certificates in Criminal Proceedings: Six-Month Rule, Discovery/Sufficiency Triggers, Continuing Offences, Amendments, and Indictable/Either-Way Exceptions (England and Wales)

Practice notes
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For guidance on the initiation of criminal prosecutions in England and Wales, consult Practice Notes: Commencing criminal proceedings—applying for the issue of a summons and Commencing criminal proceedings—Written charge and requisition or single justice procedure notice.

Time limits for summary only offences

The Magistrates’ Courts Act 1980 (MCA 1980) sets deadlines for starting proceedings that are triable only in the magistrates’ court (called summary only offences), save where another statutory period applies. Under this framework, a magistrates' court cannot adjudicate a summary offence unless the information is laid (that is, an application for a summons is made) within six months of the date the offence was committed. This position is mirrored in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, r 7.2(10). So long as the information is laid (or a summons application is submitted) within that window, it is immaterial if the court issues the summons after the expiry of the six months. The identical limit governs the lodging of a complaint. For these purposes, a complaint is a request for a civil order requiring that something be done and, though civil in character, falls within the magistrates' court’s civil jurisdiction and is treated as such by that court...

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Web page updated on 22/05/2026

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