statutory charging scheme

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A scheme introduced by pt 4 of the Criminal Justice Act 2003 (amending s 37 of the Police and Criminal Evidence Act 1984 and inserting s 37A into the Act) in response to recommendations made by Lord Justice Auld in his review of the criminal justice system. Under the scheme, the Crown Prosecution Service (CPS) will determine whether a person is to be charged in all indictable only, either way, or summary offences, subject to certain exceptions (see specified offence) which the police may continue to charge without reference to the CPS. In deciding how a person is to be dealt with, a police custody officer must comply with the guidelines issued by the Director of Public Prosecutions pursuant to s 37A(1)(a) of the Police and Criminal Evidence Act 1984, as inserted by the Criminal Justice Act 2003.

Subjects: Law.

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