Regulation 2

The Prosecution of Offences (Custody Time Limits) Regulations 1987^f1 shall be amended in accordance with the following provisions of this regulation.

In regulation 2 (interpretation), for paragraph (2) there shall be substituted the following paragraph:

“(2)

In these Regulations, a reference to a person’s first appearance in relation to proceedings in a magistrates' court for an offence is—

(a)

in a case where that person has made an application under section 43B of the 1980 Act^f2, a reference to the time when he appears before the court on the hearing of that application;

(b)

in a case where that person appears or is brought before the court in pursuance of section 5B of the Bail Act 1976^f3 and the decision which is to be, or has been, reconsidered under that section is the decision of a constable, a reference to the time when he so appears or is brought; and

(c)

in any other case, a reference to the time when first he appears or is brought before the court on an information charging him with that offence.”.

In regulation 6 (bail on expiry of Crown Court custody time limit), in paragraph (6), after the word “shall” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994 (exclusion of bail in cases of homicide and rape),”.

In regulation 8 (application of Bail Act 1976), in paragraph (2)—