Your Case

The police will conduct an investigation into the alleged offence and, in appropriate cases, gather the evidence to build a prosecution case. A file will then be forwarded to the Public Prosecution Service (PPS) for a decision to be made on whether to prosecute you or not for the offence. In certain cases, other ways of dealing with an offender may be considered. Alternatively, a decision may be made for police to administer a formal caution or informed warning.

When making a decision, the first thing that is considered is whether or not there is a reasonable prospect of a conviction. It must be clear who the defendant or the defendants are and what offences they are to be prosecuted for. If the evidence is not sufficient, no prosecution will be made. In this case, if you have been charged by police and are in custody or on bail, then you will be brought to court where the charges against you will be withdrawn. If, however, it is decided that the evidence affords a reasonable prospect of conviction, then further consideration will be given as to whether it is in the public interest to prosecute you.

If the PPS decide to prosecute you, the PPS lawyer will then usually decide which court your case should go to: the Youth Court, Magistrates' Court or Crown Court. However, for some types of offences, such as theft, you as the defendant may decide whether you wish to be heard before the Magistrates' Court or a jury in the Crown Court. Most offences, however, can only be heard in a Magistrates' Court. If your case is to be heard in the Magistrates' or Youth Court, then a summons may be sent to you either by post or served upon you by a police officer. The summons will detail the offence you have been accused of and the date and time at which you will be required to appear in court. The summons itself, or an accompanying document entitled "Notice to Defendants", may be of assistance in explaining your rights and responsibilities. If, however, you are in any doubt, it would be advisable to seek legal advice.