Summons withdrawn? Discover your options!

Questioner

I just received a letter stating that my summons has been withdrawn. At the bottom of the letter it says: 'The reason for withdrawal is: handling by another forum' What does this mean? My lawyer is currently unavailable and I am a little worried...

Lawyer

This means that the Public Prosecution Service has decided not to bring the case before the police judge, but before the multi-member chamber (or vice versa). Reasons for switching may be the complexity of the case and/or the severity of the sentence that the Public Prosecution Service wants to demand. Complicated cases can be better judged by three judges. The police judge can impose a maximum of 1 year in prison, so if the Public Prosecution Service considers a higher sentence appropriate, it will also have to summon the case before the multi-member chamber.

Questioner

Would the Public Prosecution Service also be allowed to amend the original summons? That other charges would be added to the original? I think the case is too complex for the police judge and that is why he was referred, there was quite a large file. In any case it would not have been a case that would have resulted in a prison sentence.

Lawyer

If the summons is withdrawn, a new summons can be issued as if there never was one. Then the Public Prosecution Service can choose again which facts to include and there can be more (or different) than on the first summons. In order to be able to assess whether a prison sentence may be imposed, I would first need to know what criminal offences you are suspected of.