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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Dear Sirs. Please can you advise me where I can access a

Customer Question

Dear Sirs.

Please can you advise me where I can access a 'template' for the standard wording of 'Laying and information' before magistrates under Criminal Procedure Rule 7 and the Magistrates Court Act 1980 Section 1?

I wouldbe so grateful for your help.

Very best wishes

Rene Greville
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Maybe the best answer would be for you to access http://www.thebibbyblog.com/


 


I think I have all the necessary information, documentary evidence and witnesses but I am concerned to lay the information in a perfectly correct form.

Expert:  Jo C. replied 2 years ago.
Thanks.

Its not all that complicated actually. You won't find a template because there are no templates. CPS use one but that isn't online.

As you know an information must be laid before a clerk or magisrates and it must be done in writing.

There is no standard form that has to be used. All that matters is that the document sent contains the elements an an information. See the case of R v. Kennet Justices ex p Humphrey and Wyatt [1993] Crim. LR 787.

Basically the information must contain a statement of the offence that describes the offence in ordinary language, commonly called the particules, quotes the legislation creating it and describes the particulars. It just needs to be done so that it is clear what the prosecutor alleges against the defendant.

Do bear in mind that CPS may take this prosecution over and drop it. They have a habbit of doing that if they don't like the public interst of the prosecution.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

Thank you Jo.


 


I was hoping that I could obtain an example of an 'information' in a private prosecution so that I could crib it and at least get the paperwork right. I will just have to push on as best I can.


 


Very best wishes


 


Rene

Expert:  Jo C. replied 2 years ago.
There are no templates because people write out their own.

I suppose standard private prosecutors like the RSPCA may have one but they don't share them online.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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