{
  "url": "https://openlegislation.uk/magistrates-courts-act-1980/section-128A",
  "json_url": "https://openlegislation.uk/magistrates-courts-act-1980/section-128A.json",
  "legislation": "ukpga/1980/43",
  "legislation_title": "Magistrates’ Courts Act 1980",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-act-1980",
  "path": "section/128A",
  "kind": "section",
  "number": "128A",
  "heading": "Remands in custody for more than eight days.",
  "text": "(1) The Secretary of State may by order made by statutory instrument provide that this section shall have effect—\n(a) in an area specified in the order; or\n(b) in proceedings of a description so specified,\nin relation to any accused person (“the accused”) . . ..\n(2) A magistrates’ court may remand the accused in custody for a period exceeding 8 clear days if—\n(a) it has previously remanded him in custody for the same offence; and\n(b) he is before the court,\nbut only if, after affording the parties an opportunity to make representations, it has set a date on which it expects that it will be possible for the next stage in the proceedings, other than a hearing relating to a further remand in custody or on bail, to take place, and only—\n(i) for a period ending not later than that date; or\n(ii) for a period of 28 clear days,\nwhichever is the less.\n(3) Nothing in this section affects the right of the accused to apply for bail during the period of the remand.\n(4) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 128A inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 155(1), Sch. 8 para. 16"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 128(A)(1) repealed (4.7.1996 with effect as mentioned in s. 52(3)(4) of the repealing Act) by 1996 c. 25, ss. 52(2), 80, Sch. 5 para. 2 Table 4 (with s. 78(1)); S.I. 1997/36, art.2"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 128A extended (2.12.1991) by S.I. 1991/2667, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1980/43/section/128A",
    "retrieved_at": "2026-10-31T10:26:47.197891+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}