# The Criminal Procedure Rules 2025, Rule 7.1: When this Part applies

Extent: E+W

(1) This Part applies in a magistrates’ court where—
(a) a prosecutor wants the court to issue a summons or warrant under section 1 of the Magistrates’ Courts Act 1980;
(b) a prosecutor with the power to do so issues—
(i) a written charge and requisition, or
(ii) a written charge and single justice procedure notice
under section 29 of the Criminal Justice Act 2003;
(c) a person who is in custody is charged with an offence; or
(d) the prosecutor alleges an offence against a defendant who is due to attend, or attends, the court in response to another allegation.
(2) In this Part, ‘authorised prosecutor’ means a prosecutor authorised under section 29 of the Criminal Justice Act 2003 to issue a written charge and requisition or single justice procedure notice.
[Note. Under section 1 of the Magistrates’ Courts Act 1980, on receiving a formal statement (described in that section as an ‘information’) alleging that someone has committed an offence, the court may issue—
(a) a summons requiring that person to attend court; or
(b) a warrant for that person’s arrest, if—
(i) the alleged offence must or may be tried in the Crown Court,
(ii) the alleged offence is punishable with imprisonment, or
(iii) the person’s address cannot be established sufficiently clearly to serve a summons or requisition.
The powers of the court to which this Part applies may be exercised by a single justice of the peace.
Under section 29 of the Criminal Justice Act 2003, a prosecutor authorised under that section may issue a written charge alleging that someone has committed an offence, and either—
(a) a requisition requiring that person to attend court; or
(b) a notice that the single justice procedure under section 16A of the Magistrates’ Courts Act 1980 and rule 24.9 of these Rules applies.
Section 30 of the 2003 Act contains other provisions about written charges, requisitions and single justice procedure notices.
A person detained under a power of arrest may be charged if the custody officer decides that there is sufficient evidence to do so. See sections 37 and 38 of the Police and Criminal Evidence Act 1984.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/7.1 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-7.1/enacted
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.