Criminal Justice Act 2003, section 29

Instituting proceedings by written charge

Part 4 Charging etc

(1) A [F43 relevant prosecutor F43] may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.

[F44 (2)Where a relevant prosecutor issues a written charge, it must at the same time issue—

(a)a requisition, or

(b)a single justice procedure notice.

[F45 (2AA)A single justice procedure notice may be issued only if—

(a)the offence is a summary offence not punishable with imprisonment, and

(b)the person being charged has attained the age of 18, or is not an individual.F45]

(2A)A requisition is a document which requires the person on whom it is served to appear before a magistrates' court to answer the written charge.

(2B)A single justice procedure notice is a document which requires the person on whom it is served to serve on the designated officer for a magistrates' court specified in the notice a written notification stating—

(a)whether the person desires to plead guilty or not guilty, and

(b)if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980.F44]

[F46 (2C)Subsection (2D) applies if—

(a)the offence is specified in regulations under section 16H(3)(a) of the Magistrates’ Courts Act 1980, and

(b)the relevant prosecutor decides that it would be appropriate for the automatic online conviction option to be offered (see section 16G(1) of the Magistrates’ Courts Act 1980).

(2D)The single justice procedure notice must also explain—

(a)the steps that the person on whom the notice is served can take if the person wants to be offered the automatic online conviction option, and

(b)that if the person is offered, and accepts, that option, the requirements referred to in subsection (2B) will no longer apply.

(2E)The Lord Chancellor may by order make provision about the matters that are to be taken into account by a relevant prosecutor before deciding as mentioned in subsection (2C)(b).F46]

(3)[F47 Where a relevant prosecutor issues a written charge and a requisition, theF47] written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition.

[F48 (3A)Where a relevant prosecutor issues a written charge and a single justice procedure notice, the written charge and notice must be served on the person concerned, and a copy of both must be served on the designated officer specified in the notice.

(3B)If a single justice procedure notice is served on a person, the relevant prosecutor must—

(a)at the same time serve on the person such documents as may be prescribed by Criminal Procedure Rules, and

(b)serve copies of those documents on the designated officer specified in the notice.F48]

[F49 (3C)The written notification required by a single justice procedure notice may be served by the legal representative of the person charged on the person's behalf.F49]

(4)[F50 A relevant prosecutor authorised to issue a requisitionF50] is not to have the power to lay an information for the purpose of obtaining the issue of a summons under section 1 of the Magistrates' Courts Act 1980 (c. 43).

(5) In this section [F51 “relevant prosecutor” F51] means—

(a)a police force or a person authorised by a police force to institute criminal proceedings,

(b)the Director of the Serious Fraud Office or a person authorised by him to institute criminal proceedings,

(c)the Director of Public Prosecutions or a person authorised by him to institute criminal proceedings,

F52(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F53 (cb)the [F54 Director General of the National Crime AgencyF54] or a person authorised by him to institute criminal proceedings;F53]

(d)the Attorney General or a person authorised by him to institute criminal proceedings,

(e)a Secretary of State or a person authorised by a Secretary of State to institute criminal proceedings,

(f)the Commissioners of Inland Revenue or a person authorised by them to institute criminal proceedings,

(g)the Commissioners of Customs and Excise or a person authorised by them to institute criminal proceedings, or

(h)a person specified in an order made by the Secretary of State for the purposes of this section or a person authorised by such a person to institute criminal proceedings.

[F55 (5A)An order under subsection (5)(h) specifying a person for the purposes of this section must also specify whether that person and a person authorised by that person to institute criminal proceedings—

(a)are authorised to issue written charges, requisitions and single justice procedure notices, or

(b)are authorised to issue only written charges and single justice procedure notices.F55]

(6) In subsection (5) “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23) .

Definitions used in section 29 1

the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act

Cases considering section 29 13

R v Hamid Ali

[2026] EWCA Crim 634 · 21 April 2026Interprets

The court applied section 29 as the statutory basis for commencing proceedings by written charge. Read with rule 7.3 of the Criminal Procedure Rules, it supported a simple threshold requiring sufficient clarity about the alleged conduct. (See paras [9], [15]–[18] and [21].) The court used section 29(2)(a) to identify the purpose of the postal requisition: requiring the recipient to appear before the magistrates’ court to answer the charge. This supported the low threshold for a valid written charge. (See para [16].)

R v Kozhem Nawzad Noori

[2025] EWCA Crim 1736 · 18 December 2025

Identifies the proper procedural route for an indictable-only charge: a written charge and requisition requiring attendance at court, rather than the single justice procedure notice. (see para [12])

The Director of Public Prosecutions v Liam Óg Ó Hannaidh

[2026] EWHC 540 (Admin) · 11 March 2026Interprets

Interprets the written charge procedure as providing that proceedings are instituted when the relevant prosecutor issues the written charge. No additional rule from another procedural scheme is required (see paras [11]; [37]; [40]). Confirms that a written charge must be issued with a requisition or single justice procedure notice. The judgment uses this as part of the statutory description of the procedure (see para [11]). Cited only. Records the statutory restriction on use of a single justice procedure notice. It forms part of the procedural context but does not affect the court’s construction of institution by written charge (see para [11]). Cited only. Cited only. Cited only.

What each judgment says about section 29 is in the case-law panel in the full Act.

Explanatory note

171.This section provides for a new method of instituting criminal proceedings which is available to a public prosecutor as defined in subsection (5). It consists in the issue to the person to be prosecuted of a written charge, together with a written requirement (‘a requisition’) for him or her to appear before a magistrates’ court to answer to the charge.

172.Subsection (3) requires the written charge and the requisition to be served on the person named and to be copied to the court.

173.Subsection (4) prohibits public prosecutors from laying an information for the purpose of obtaining the issue of a summons under section 1 of the Magistrates’ Courts Act 1980. They may still do so, however, for the purpose of obtaining the issue of a warrant (Section30(4)).

All the explanatory notes for the Act

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F42S. 29 heading substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 4(2)(a); S.I. 2023/1194, reg. 2(e)
  2. F43Words in s. 29(1) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(2), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37
  3. F44S. 29(2)-(2B) substituted for s. 29(2) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(3), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37
  4. F45S. 29(2AA) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 4(2)(b); S.I. 2023/1194, reg. 2(e)
  5. F46S. 29(2C)-(2E) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 4(2)(c); S.I. 2023/1194, reg. 2(e)
  6. F47Words in s. 29(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(4), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37
  7. F48S. 29(3A)(3B) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(5), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37
  8. F49S. 29(3C) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(6), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37
  9. F50Words in s. 29(4) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(7), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37
  10. F51Words in s. 29(5) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(8), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37
  11. F52S. 29(5)(ca) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 39
  12. F53S. 29(5)(cb) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 196; S.I. 2006/378, art. 4(1), Sch. (subject to art. 4(2)-(7))
  13. F54Words in s. 29(5)(cb) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 187; S.I. 2013/1682, art. 3(v)
  14. F55S. 29(5A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(9), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37

Commencement

  1. I15S. 29 partly in force; s. 29 not in force at Royal Assent, see s. 336(3); s. 29(1)-(3) (5) (6) in force for certain purposes at 25.7.2007 by S.I. 2007/1999, arts. 2, 3; s. 29(1)-(3) (5) (6) in force for certain further purposes at 9.6.2008, 1.11.2009, 1.1.2011, 6.9.2011 and 3.10.2011 by S.I. 2008/1424, arts. 2, 3, S.I. 2009/2879, arts. 2, 3, S.I. 2010/3005, art. 2, S.I. 2011/2188, arts. 2, 3; s. 29(1)-(3)(5) in force for certain further purposes at 19.3.2012 by S.I. 2012/825, art. 2; s. 29(1)-(3)(5)(6) in force at 1.4.2014 for specified purposes by S.I. 2014/633, art. 2 text for certain specified purposes only, see the commentary.