Regulation 2 Prescribed period for disclosure by the accused

(1)

The relevant period for section 5 (compulsory disclosure), section 6 (voluntary disclosure) and section 6C (notification of intention to call defence witnesses) begins with the day on which the prosecutor complies or purports to comply with section 3 (initial duty of the prosecutor to disclose)^f1.

(2)

In a case where Part 1 applies by virtue of section 1(1) (application of Part 1 in respect of summary proceedings), the relevant period for section 6 and section 6C expires at the end of 14 days beginning with the first day of the relevant period.

(3)

In a case where Part 1 applies by virtue of section 1(2) (application of Part 1 in respect of Crown Court proceedings)^f2, the relevant period for section 5 and section 6C expires at the end of 28 days beginning with the first day of the relevant period.

(4)

Where the relevant period would expire on a Saturday, Sunday, Christmas Day, Good Friday or any day that under the Banking and Financial Dealings Act 1971^f3 is a bank holiday in England and Wales, the relevant period is treated as expiring on the next day that is not one of those days.

(5)

Paragraphs (2) and (3) are subject to regulation 3.

Annotations

Footnotes

f1: Relevant amendments to section 3 were made by section 32 of, and paragraph 21 of Schedule 36 to, the 2003 Act. Section 5 was amended by paragraph 126 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37) (“the 1998 Act”) and by section 33 of, and Schedule 37 to, the 2003 Act. Section 6C was inserted by section 34 of the 2003 Act.
f2: Section 1(2) was amended by paragraph 125 of Schedule 8 to the 1998 Act and by paragraph 66 of Schedule 8 to the 2003 Act.
f3: 1971 c. 80.