Can a Verbal Charge Be Just One Sentence?

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For the sergeants (and custody skippers especially) in England & Wales:

Random charging-law question.

When you actually charge someone in custody or otherwise, is there a minimum legal requirement under PACE or any other legislation for how the charge has to be delivered?

For example, does it need to follow a particular format with specific wording, or could it theoretically be as simple as:

“You committed X offence on Y date. You are charged. You do not have to say anything…”

…and that suffices?

I’ve read bits of PACE Code C around charging and cautions, but I can’t work out whether there’s a mandated formula for the charge itself, or whether the key requirement is simply that the suspect is informed of the offence and then cautioned appropriately.

Interested in the practical reality too - what are people actually taught, and has anyone ever seen a charge challenged because of the wording used?

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[u/Trapezophoron]

Charging (in person) is a magical and entirely common-law process. It has no statutory basis whatsoever, unlike the old system of laying an information and summonsing and now postal charges & written requisitions. (Indeed, the Royal Commission on Criminal Procedure in 1981, which lead to PACE, proposed abolishing it altogether and having a single procedure that combined both.)

The law therefore makes no explicit provision as to what must be said and done to achieve it. However, it is axiomatic that it must include the reading of the actual charge, so the suspect is in no doubt as to what offence they are being prosecuted for (the place being relevant as well), as to do otherwise would open the door to an abuse of process argument.

PACE Code C at section 16 does also require that the person be cautioned using the “now” caution, as the moment of charge, being a direct accusation, is particularly likely to give rise to the suspect saying something evidential. It also provides that they must be given a charge sheet.

[u/BoxDull → u/Trapezophoron]

Axiomatic is such a fantastic word.

[u/DXS110]

Good question. I just blindly read the charge sheet these days.

You are charged with the following offences

On x you did y contrary to z repeat until charges are complete then the now caution. Watching new officers do it is funny when they emphasise the NOW so they don’t default to when questioned

[u/Forsaken_Crow_6784 → u/DXS110]

I’ve got 5 years in the job, and every time a I charge, I always over pronounce the NOW

[u/sundance464 → u/Forsaken_Crow_6784]

Because that's an important bit

This is your absolute last chance to reply to the allegation and try and straighten it out

Next time your opportunity will be in court and anything you say might have a negative inference

[u/w666est → u/DXS110]

I also just read it out as per the charge at the best opportunity.

If they aren’t giving me the opportunity, and this isn’t the first time they’ve been charged with a crime, just make it clear they are getting charged for whatever, do you understand, reply?

[u/DXS110 → u/w666est]

If they want to shout over me I just continue. If they’re not listening that’s on them. Same with RTA sample requirements. If you want to shout over me I’ll give you every opportunity to listen then just plough on. If you’re going to ignore my lawful request that’s on you

[u/sundance464 → u/DXS110]

Exactly right - I have had exceptions where people are literally throwing food or violently struggling in which case it's obviously not practicable

Would try again later if they calmed just to cross every T

[u/Upper-Outside2076 → u/DXS110]

Why don’t you now caution them at the start?

Slightly patronising on the new officer bit as well. Almost 10 years in and I emphasise the now part - it ensures that they’re aware it’s their final opportunity to comment prior to court.

[u/DXS110 → u/Upper-Outside2076]

We were all new once. I get that mate. It’s just more prominent with the newer guys. Most people still have to think a bit more with the now caution because it’s not muscle memory

[u/BoxDull → u/DXS110]

10 years and I’m smashing the NOW at them from behind the desk.

If it goes to court, I’m never going to get questioned whether I did the caution correctly!