³ÉÈËÓ°Òô

View the related practice notes about Written charge

Commencing criminal proceedings—applying for the issue of a summons

All criminal cases begin in the magistrates' court however serious the offence. There are a number of ways of commencing criminal proceedings in England and Wales:•the defendant may be arrested and charged by the police and required to attend a magistrates’ court (see below: Instituting proceedings by way of police charge)•a public prosecutor may issue a written charge together with a requisition requiring the defendant to attend a magistrates’ court on a specified date and time (see Practice Note: Commencing criminal proceedings—written charge and requisition or single justice procedure notice)•where available, a public prosecutor may issue a written charge together with a single justice procedure notice requiring the defendant to indicate a plea and if guilty, consent to the disposal of the case by use of the single justice procedure on the papers (see Practice Notes: Commencing criminal proceedings—written charge and requisition or single justice procedure notice and Single justice procedure)•the prosecutor can make an application to the magistrates’ (often referred to as ‘laying an information’) to obtain a summons...

Causing fear or provocation of violence

The offence of causing fear or provocation of violenceThe offence of causing fear or provocation of violence (threatening behaviour) is an offence created by section 4 of the Public Order Act 1986 (POA 1986). The offence can only be tried summarily in the magistrates' court.There are similar public order offences that may also be relevant when considering threatening behaviour. For example, words or behaviour that are threatening or abusive, or the displaying of writing, signs or other visible representations which are threatening or abusive, within the hearing of someone likely to be caused harassment, alarm or distress constitutes an offence under POA 1986, s 5(1). Furthermore, it is an offence under POA 1986, s 4A for a person to use threatening, abusive or insulting words or behaviour (including disorderly behaviour) with the intent to cause harassment, alarm or distress. See Practice Note: Intentional harassment, alarm or distress.For information on the offence of harassment under the Protection of Harassment Act 1997, see Practice Note: Harassment offences.Elements of the threatening behaviour offenceUnder...