OpenLegislation

Rule 7.6 Arrangements for court to receive defendant in custodyI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (3), the court officer must arrange for a defendant of whom notice is given under rule 7.5 (Notice of defendant in custody) to be brought before a court in person or by live link as soon as is practicable that day and in any event—

(a)

by 3.30pm if that day is a business day;

(b)

by 12.30pm if that day is a Saturday or a bank holiday; or

(c)

in either case, later if, but only if, a disability or vulnerability of the defendant so requires.

(2)

In making the arrangements required by paragraph (1) the court officer must—

(a)

consult with those affected including—

(i)

the police custody officer,

(ii)

court members,

(iii)

justices’ legal advisers and other court officers, and

(iv)

the prosecutor; and

(b)

as far as is practicable rearrange court business to ensure that the time available will allow all cases heard that day to conclude by 4.30pm (or later if, but only if, a disability or vulnerability of the defendant the subject of this rule so requires).

(3)

If the arrangements otherwise required by paragraph (1) cannot practicably be made then the court officer must arrange for the defendant to be brought before a court as soon as is practicable on the next day which is not Christmas Day, Good Friday or a Sunday.

(4)

When arrangements for the defendant to be brought before a court have been made the court officer promptly must so inform—

(a)

the police custody officer; and

(b)

as applicable, others consulted under paragraph (2)(a).

Annotations

Commencement

I1

Rule 7.6 in force at 6.10.2025, see Preamble