A guide to postal requisitions (Postal Charges) in England and Wales

Let’s face it, being summonsed to court is a daunting experience. If you are unlucky enough to receive a Postal Requisition (Postal Charge), it is important to understand the process so that you can ensure that your rights are upheld. This article explains what a Postal Requisition is and what you need to do if you receive one. We also look at how the CPS decide whether to charge a suspect with an offence. Finally, we delve into when time limits apply to the charging decision, and what being ‘released under investigation’ by the police means in practice.

What is a Postal Requisition (Postal Charge)?

A Postal Requisition, also known as a Postal Charge is a summons calling you to appear at the Magistrates’ Court because you have been charged within a criminal offence. Postal Requisitions can be sent by the police, or by other agencies such as Transport for London for fare evasion or the BBC for not having a television licence.

You may have been unaware prior to receiving the Postal Charge that you have been accused of an offence. This is because where an arrest is not deemed necessary, you can be charged with an offence via post and asked to attend court to answer to the charge, without first being taken in to the police station for questioning. It is also common to receive a Postal Requisition if you have been arrested and interviewed by the police, but then ‘released under investigation.’ Another circumstance where you may receive a Postal Requisition is if you attended a voluntary interview at the police station.

The requisition/charge will be sent to your last known address. It will notify you of the offence that you have been accused of and ask you to attend court at a certain date and time. It will not provide information in respect of the evidence that the prosecution intends to bring against you. However, it may be accompanied by other documents that outline the offence and the evidence against you, such as witness evidence or a statement of facts. A Postal Requisition will be sent by the police in the case of summary offences, and by the CPS in the case of either way or indictable only offences. Where it is the CPS who has made the charging decision, the Postal Requisition may be sent out a long time after you were interviewed by the police.

Regardless of whether you intend to plead guilty or not guilty, if you receive a Postal Requisition do not ignore it. If you fail to attend court at the date and time recorded on the Postal Requisition, a warrant may be issued for your arrest. If you are arrested after a warrant is issued you may be released on bail, or you may be remanded in custody until you are produced before the Magistrates’ Court.

To avoid this, it is advisable to instruct a firm of solicitors whom you trust to represent you at the hearing. Your solicitor can help you prepare for the hearing by taking your account of what happened, advising you of your options in respect of whether to plead guilty or not guilty, and liaising with the CPS in respect of your case. For example, where the evidence in the case is very weak, your solicitor may be able to highlight this in order to persuade the CPS that they should not proceed with the prosecution.

What is the difference between a summons and a Postal Requisition?

A Postal Requisition / Postal Charge is the same as what was previously known as a court summons. In policing jargon, it is also known as an MG4D or MG4E. The introduction of the Policing and Crime Act 2017 has led to a vast increase in the number of suspects being ‘released under investigation’ rather than being released on bail. This is because the Act imposes time limits on how long suspects can be released on pre-charge bail for prior to a charging decision being made. This change has led to a large increase in the number of suspects being charged via Postal Requisition.

Being charged via a Postal Requisition can be alarming for defendants, especially where a good deal of time has passed between being interviewed and receiving the requisition in the post. In 2018, 9% of defendants who were charged via postal requisition did not attend court. This may be due to a change of address, not opening the letter, or opening the letter and not understanding the importance of attending court.

How do the CPS decide whether to charge you for an offence?

When deciding whether to charge you for an offence, the CPS are obliged to follow the Code for Crown Prosecutors. This sets out two tests that the prosecutor must apply. Usually the Full Code Test is used, but in serious cases where key evidence is still awaited, the Threshold Test can be applied instead.

Full Code Test

The Full Code Test asks two questions:

1. Is there sufficient evidence to charge the suspect?

Firstly, the prosecutor must assess that the prosecution’s case has a more than 50% chance of success. This is worded as follows:

‘A reasonable jury or bench of magistrates or judge hearing the case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged.’

2. Would charging the suspect would be within the public interest?

The prosecutor must determine whether the public interest would be better served if:

• The prosecution took place; or
• if the prosecution did not take place.

When making this assessment, the prosecutor must consider whether the matter could be adequately dealt with via an out of court disposal such as a caution or a fine, which would be much less costly for the justice system, as well as avoiding the inconvenience of calling witnesses, etc. Factors that are relevant to the public interest assessment include:

• The seriousness of the crime committed
• The level of culpability of the suspect
• The circumstances of and the harm caused to the victim
• The suspect’s age and maturity at the time of the offence
• The proportionality of a prosecution i.e. all things considered, is it worthwhile for the prosecution to take place?
• Would a prosecution reveal intelligence sources that need to be protected?

This is not an exhaustive list of factors, and certain factors may be given greater weight than others depending on the nature of the case.

Threshold Test

The Threshold Test can be applied where there is not sufficient evidence to apply the Full Code test. To satisfy the Threshold Test, the charging decision must be in relation to a serious crime, where the gravity of the crime or the circumstances justify the making of an immediate charging decision. The prosecutor must be satisfied that reasonable grounds exist to believe that the suspect committed the offence, and that further evidence can be obtained to provide a realistic prospect of conviction. It must be a case where there are substantial grounds to object to bail, and where in all circumstances it would be proper to refuse bail. Finally, the prosecutor must determine that it is in the public interest to charge the suspect.

What is the time limit for the CPS to make a charging decision?

There is no general time limit for the CPS to make a charging decision. In complex cases, a decision may be made weeks or even months after the case is referred to the CPS by the police. However, for summary only offences (less serious offences that are usually heard in the Magistrates’ Court), court proceedings must be started within six months of the date of the offence.

How long can you be ‘released under investigation’ for?

There is currently no time limit on how long you can be ‘released under investigation’ by the police before they decide whether to charge you, or take no further action. It is for this reason that in recent years there has been a substantial increase in suspects ‘released under investigation’ rather than being released on bail where there is a time limit of 28 days before a charging decision must be made.

In cases where a defendant has been released under investigation, when a charging decision is made, they may receive a postal requisition mandating them to attend court to answer the charges against them. Alternatively, the police/CPS may decide to take no further action.

Where to get further information

If you have received a Postal Requisition, do not ignore it! Ignoring a postal requisition may result in failure to appear at court and a warrant being put out for your arrest. Instead, take action today and instruct a criminal defence solicitor to advise and represent you. Stuart Miller Solicitors offer a free no obligation consultation – contact us today to arrange one. We will explain the procedure that will take place at court, and help ensure that your voice is heard in the justice system.

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Mannaa Mo

23:16 24 Apr 24

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20:24 06 Mar 24

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15:37 16 Feb 24

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dean morgan

10:14 16 Feb 24

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Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

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Real Cubano

13:03 16 Jan 24

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19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

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20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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19:54 19 Dec 23

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J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

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11:13 06 Dec 23

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09:45 01 Dec 23

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15:51 28 Nov 23

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05:40 27 Nov 23

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20:03 23 Nov 23

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10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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20:51 25 Oct 23

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06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

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20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

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10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Liz Lee

09:59 07 Oct 23

Just want to say a big ‘Thank you’ to Iysha who has represented my daughter in the police station. Iysha remained very calm and professional during this long, painful process while maintaining good communications with the family. She has provided useful advice to my daughter and demonstrated good expertise in this complex area. We hope to continue to work with StuartMiller and secure the best outcome for my daughter.

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12:42 04 Oct 23

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12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

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12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

Aisha Bibi

14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

Omar Ramjean

22:48 11 Aug 23

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Lou D

14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

Jake Elliott

11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

Jabrar Hussain

08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

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13:37 28 Jul 23

Fantastic firm excellent lawyersBrilliant advocates overall THE GO TO FIRM

Taj Uddin

13:10 28 Jul 23

Thank you for all your help I am great full fir having such a great team who considered all my issues and got me the correct result

Nathan Hallway

12:59 28 Jul 23

Id like to say Thankyou to joe and tasnuva.They really helped me out and was so kind and thoughtful throughout.

maruf kocabay

10:28 28 Jul 23

Brilliant application by Mohammed zebAlso thank you to the team

Bill

13:08 25 Jul 23

Contacted them, rang me back immediately gave me legal advice and said they would be there if ever needed. I can breath abit better with their advice.

Halil Su

17:49 21 Jul 23

I just wanted to say big thank you to MR MOHAMMED ZEB and FUNDA BOZKURT for helping me, I’ve know MR Zeb over 20 years. Best defence lawyer in London, I appreciate your time and efforts.Kind regardsMr Su

Mohammed Hussain

11:04 17 May 23

Excellent service from sincere highly qualified individuals who are truly motivated to help you with legal matters. I specifically want to thank Kelly Morris for her outstanding work in my case. She is an awesome lady and a fantastic legal professional who I simply cannot thank enough! Kelly I will never forget the day you called me with the good news. 10/10 service!Big thanks to Stuart Miller law firm also! I will be using this law firm if any future legal problems arise, but hopefully this will not be the case!

Tishawn Lopez

19:57 19 Apr 23

One of the best solicitors in London seriously they are really helpful from the start to the end and always help you out whenever your in need,I have also referred them to ppl that I know who needed help .Thanks guys at Stuart Millers ,A 🌟

Colin Tan

11:55 20 Mar 23

Helped me with a Tfl charge for carrying an escooter on the LU. Managed to get them to drop the charges on the grounds of public policy and disproportionate prosecution. Responsive, efficient and cost effective. Highly recommended,

Maryam

12:54 13 Mar 23

Each and every member of staff I spoke with were very helpful, friendly and informative, every step of the journey went smoothly and relatively stress free thanks to their professionalism and human touch. Thank you so much can’t praise you enough.

Michael Bracci

19:08 11 Mar 23

Brilliant, from start right till the end strongly recommend

Skrobana Skrobanski

14:42 09 Feb 23

Abu Kibla helped me with Cases when I was younger. My experience with him was Great. Hes A very humble and great man who in my opinion puts his heart into his work. Ive been in trouble all my life and met Many solicitors but none can compare to this man. I Would highly recommend this Company to my friends and family and I can say with confidence this is The Company you are looking for.

ozkan albay

13:31 28 Dec 22

I’m very satisfied with the way all Stuart Miller staff has dealt with me all these years. I have been with Stuart Miller for over 15 years and had no doubt trusting them with my case and friends that I’ve recommended.Thank you for your hard work and hope you guys keep it up.Ozkan Albay

Richard Mills

20:56 30 Nov 22

Massive thanks to Abu and Savannah who dealt with my case, highly professional service provided, couldn’t recommend enough.Thank you!!

Mark Askew

14:47 21 Oct 22

Many thanks to Stuart Miller Solicitors and Reem Khatib in particular. In what is a very stressful, confusing and frustrating time she was the voice that kept everything clear and erudite for everyone involved. Reem's impeccable professionalism, approachability and friendliness made every interaction pleasant and useful. Thank you so much for all your help.

Tommy

15:32 10 Oct 22

Just Wantied to say a big thank you , Reem Khatib, for representing me after 2 and a half years of my case going on and with 3 different firms.I finally found the best one, Reem represented me for around 2 years.She’s so down to earth and has so much empathy. She really helped me at my lowest point. She has a way with words and really knows how to get things done, thank u so much.barrister Ronan McCain was extremely excellent they make such a great team so happy it’s finally over.

Dragon 100

14:50 24 Aug 22

Alexis at Stuart Miller's was very helpful and helped me with every step to help me beat my case

Jahnel Palmer

08:22 11 Aug 22

I really don't know where to start, but this firm is amazing. From my initial contact, then my first meeting With Mr Zeb, I knew I was going to be in good hands.I found myself in a very difficult situation in March 2019 and my case did not come to an end until July of this year. Throughout, there has always been good communication and although the outcome of my case was not looking good, I'm glad the team were honest about what to expect.I would like to thank Reem Khatib especially, who went above and beyond. I couldn't have asked for a better solicitor. Very thorough and informative and helped put my mind at ease as there were several aspects of my case that made things extremely difficult. One thing I loved about Reem was that she cared. Really, really cared, which is what you want in a situation like this. In the lead up to my sentencing hearing, Reem was abroad and still checked in with me.I was expecting a custodial sentence with a starting point of 5 years and managed to leave court with a suspended sentence/community service. This could only be down to Reem's dedication and hard work. Nobody expected this and I am very glad to have had her working on my case. As well as my Barrister, Lily, special thanks to you also. I really don't think I would have had this outcome had it not have been for you two.I am glad this is finally over and once again would like to express my heartfelt gratitude to Reem. She really fought for the best possible outcome, which I received.I will never find myself in any trouble again, but would highly recommend Stuart Miller Solicitors for anyone that may need a solicitor.Thanks againJahnel

Alexander Ioannides

15:41 28 Jun 22

thank you so much to Selina for her service and Stuart miller on my hearing after a long trial justic was truley served not guilty i recommend stuart and miller for a true brilliant result

karen kianfar

16:39 24 Jun 22

I highly recommend! A lady I spoke to called Donna was extremely helpful. Thanks again.

Deniz Arif

16:49 11 Jun 22

I was recommended to speak to selina. I called her out of office hours to assist with a arrest.She was extremely helpful, considerate and knowledgeable regarding the incident. I could see that she had mine and my families best interests at heart as a criminal defence paralegal. I would definitely recommend her for anyone that finds themselves in a sticky situation.

Stewart Skipsey

12:58 08 Jun 22

I would like to thank everyone, especially Salina who handled my case so professionally. She was always in the office, when I needed to speak with her, always approachable and always giving me sound advice, even the lady in reception was very honest and professional, everyone at Stuart Miller solicitor's take a bow, i will always remember you all and the result you got me, a big fat not Guilty, God bless

Josh Smart

10:44 25 May 22

Kate Blackmore was in charge of my case, she was fully professional, made me feel at ease, kept me fully informed at all times and would always respond in a timely manner, Kate always address all of my questions and worries very thoroughly. Definitely recommend

Tkay #6

16:53 19 May 22

Stuart Miller helped me navigate through the legal process for the first time, providing excellent guidance throughout the entirety of such a stressful period. I would like to thank Selina Guler for her wonderful work in preparing my defence, as well as Joe Barlow, who were exceptionally helpful throughout the process, explaining everything that arose in detail so as to ensure I could make informed decisions throughout. My experience felt personalised, and gave me the reassurances I needed to calm my nerves, in comparison to the regular ignorant demeanour that typically comes hand in hand with law firms. I felt supported and in safe hands from my initial enquiry right through to the end.

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