Written by Sian Hall
February 25th, 2018

The idea of people being posted and goods or services being requisitioned immediately brings back memories of old World War II movies on black and white Sunday afternoons.

In their wisdom, the Ministry of Justice and Her Majesty’s Courts & Tribunal Service decided some little time ago to replace the time served summons with a new postal requisition. The postal requisition requires somebody to attend court at a particular time on a particular date and is posted to the last known address of the would-be recipient.

With voluntary interviews away from custody suites becoming more and more common, and with defendants being called to attend at court long after they have been allegedly released under investigation, the postal requisition is now in its heyday.

Having somebody back at the police station in order to charge them and give them a new date face to face, on which they were required to attend at court, obviously had a level of direct drive certainty about it. The postal requisition has introduced endless vagaries and uncertainties into a previously quick and efficient process.

Perhaps the weirdest and wackiest use of the postal requisition is to commence proceedings against someone who is still known to be a serving prisoner. A document is posted to the individual at the prison, but it is rarely sent out along with an order calling on the prison to produce that person to court. The prisoner sits in his cell, the court wants to know where they are, and the connective tissue of the production order has never been put in place.

Now that the West Yorkshire Police are rolling out trial mobile fingerprint scanners, perhaps the day of the mobile custody suite, with all the certainty and clarity that that entails, may not be far hence and the days of the postal requisition may yet be numbered.

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Categories: Criminal Law

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