# The Magistrates' Courts (Remands in Custody) Order 1991

S.I. 1991/2667 · made 25 November 1991

This Order provides that section 128A of the Magistrates' Courts Act 1980, which enables courts in areas specified by the Secretary of State to remand an accused person in custody for a period exceeding eight clear days, shall have effect in every petty sessions area in which it does not already have effect by virtue of the Magistrate’s Courts (Remands in Custody) Order 1989.

Made under: Magistrates’ Courts Act 1980 (Section 128A)

## Introductory text

MAGISTRATES' COURTS
Made 25th November 1991
Coming into force 2nd December 1991
Whereas a draft of this Order has been approved by resolution of each House of Parliament:
Now, therefore, in exercise of the powers conferred upon me by section 128A(1) of the Magistrates' Courts Act 1980, I hereby make the following Order:

## 1 Citation, commencement and interpretation

(1) This Order may be cited as the Magistrates' Courts (Remands in Custody) Order 1991 and shall come into force on 2nd December 1991.
(2) In this Order, “the 1989 Order” means the Magistrates' Courts (Remands in Custody) Order 1989.

## 2 Application of section 128A of the Magistrates' Courts Act 1980 to certain areas

Section 128A of the Magistrates' Courts Act 1980 (remands in custody for more than eight days) shall have effect, in relation to any accused person who has attained the age of 17, in all those petty sessions areas, within the meaning of section 4 of the Justices of the Peace Act, in which at the date of the coming into force of this Order the said section 128A does not already have effect by virtue of the 1989 Order.

## Signature

Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
25th November 1991

## Explanatory note

(This note is not part of the Order)
This Order provides that section 128A of the Magistrates' Courts Act 1980, which enables courts in areas specified by the Secretary of State to remand an accused person in custody for a period exceeding eight clear days, shall have effect in every petty sessions area in which it does not already have effect by virtue of the Magistrate’s Courts (Remands in Custody) Order 1989.
Section 128A of the Magistrates' Courts Act 1980 was inserted by section 155 of the Criminal Justice Act 1988, and came into force on 12th October 1988 (S.I. 1988/1676).

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Source: https://www.legislation.gov.uk/uksi/1991/2667 (the official version)
Page: https://openlegislation.uk/magistrates-courts-remands-in-custody-order-1991
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.