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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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About 6 weeks ago I had an accident where I towed my boat

Resolved Question:

About 6 weeks ago I had an accident where I towed my boat off my driveway into the road (about 50 Ft) following a problem with the tow-bar another driver assisted but ran over me - In the hospital and under heavy morphine sedation a blood sample was taken which showed I had 110 mgs in 100mgs blood (80 mgs being the limit) as such there is a potential case of drink-driving - my concern is that I've never been interviewed or arrested or charged with an offence but the police say they've sent the evidence to the CPS and they say ill get a summons to appear before the magistrates in around 6 weeks.
My question is - can I be summons to appear before a magistrates for an offence if I have never been arrested or charged for?
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Yes, that is what a summons is.

It is an alternative to an arrest.

Expert:  Jo C. replied 10 months ago.

Many offences are not arrestable although this is.

Expert:  Jo C. replied 10 months ago.

The reason they do this sometimes is just to cut police labour hours.

The only impact is that they cannot get an inference against you for failing to answer questions in interview because you were not interviewed.

Expert:  Jo C. replied 10 months ago.

They don't actually need an interview to charge a person.

Before adverse inferences were in law they never used to bother.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
The question was more in regards ***** ***** being arrested or CHARGED with an offence, ok so a summons can be and alternative to an arrest, but I have never been charged with anything - can I still be summonsed without a charge
Expert:  Jo C. replied 10 months ago.

You have been charged.

You just haven't been read the charge under caution at the police station.

Customer: replied 10 months ago.
I have not been charged, I have no record of any charge, the police have not visited me prior to the last visit when they said they were send the details to the CPS - my wife was brought to my hospital bedside by the only policeman who visited me and she was there when they took the blood sample by the hospital doctor. there certainly was no signature from me on any documentation and no memory of any charge being made. I was informed of being over the limit by telephone and there were no mention of any charges then either and these are the only communications I have had with the police
Expert:  Jo C. replied 10 months ago.

You have been charged.

You may have had none of these things but you have been charged.

Expert:  Jo C. replied 10 months ago.

It has just been done remotely by summons.

Customer: replied 10 months ago.
I see - so the summons is both the arrest (equivalent) and the charge
Expert:  Jo C. replied 10 months ago.

Well, the charge is always done remotely.

It is just read to a suspect at the police station in more serious crime essentially so that a note can be taken of his reply to charge.

With speeding offences it is always done remotely.

Customer: replied 10 months ago.
I see - that makes sense, so it'll be the CPS who'll make the charge when they send the summons - thanks Jon
Expert:  Jo C. replied 10 months ago.

Yes, CPS charge remotely.

The summons is really just notification and a summons to attend court.

The only impact is that they don't have your prints and DNA on the database and they can't ask the Court to draw inferences from your failure to mention any defence.

Generally speaking, summonses are better for the defence.

Jo C. and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you - 5 * rating left