When does a criminal case become active?

Prepare for the NCTJ Essential Media Law Test. Utilize flashcards and multiple-choice questions, each equipped with hints and explanations. Ace your exam!

A criminal case becomes active when a person has been arrested. At this point, official action has taken place, and law enforcement has detained an individual suspected of committing a crime. The arrest signifies that law enforcement authorities believe they have enough evidence to take a person into custody, leading to formal proceedings and legal obligations regarding the prosecution of the case.

The other options do indicate steps leading up to or surrounding an arrest, but they do not mark the commencement of an active case in the same way. An arrest warrant being issued or a summons for arrest establishes intent to bring a person into custody but does not represent that an arrest has occurred. Similarly, charging a person orally signifies that there is a progression towards formal prosecution, but it lacks the immediate legal impact that follows actual physical arrest. Thus, the point of arrest serves as the pivotal moment when a case transitions from investigation to the active judicial process.

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