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Section 131 Remand of accused already in custody.C1C2

England and Wales

(1)

When a magistrates’ court remands an accused person in custody and he is already detained under a custodial sentence, the period for which he is remanded may be up to 28 clear days.

(2)

But the court shall inquire as to the expected date of his release from that detention; and if it appears that it will be before 28 clear days have expired, he shall not be remanded in custody for more than 8 clear days or (if longer) a period ending with that date.

F1(2A)

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F2(3)

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Annotations

Textual amendments

F1

S. 131(2A) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 4; S.I. 2012/2906, art. 2(h)

F2

S. 131(3) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 59(1), Sch. 9 para. 6, Sch. 16

Modifications

C1

S. 131 modified by Extradition Act 2003 (c. 41), ss. 23(3), 89(3(a) (as inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 7); S.I. 2006/3364, art. 2

C2

S. 131 modified by Extradition Act 2003 (c. 41), s. 76B(3)(a) (as inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 70, 116(1); S.I. 2009/3096, art. 3(m) (with art. 4(1)(d)))