Regulation 4 Custody time limits in magistrates' courtsI1
England and Wales
F1... The maximum period during which a person accused of an indictable offence other than treason may be in the custody of a magistrates' court in relation to that offence while awaiting completion of any preliminary stage of the proceedings specified in the following provisions of this Regulation shall be as stated in those provisions.
Except as provided in paragraph (3) below, in the case of an offence triable either way the maximum period of custody between the accused’s first appearance and the F2start of summary trial or, as the case may be, the time when the court decides whether or not to commit the accused to the Crown Court for trial shall be F370 days F4....
In the case of an offence triable either way if, before the expiry of 56 days following the day of the accused’s first appearance, the court decides to proceed to summary trial in pursuance of sections 19 to 24 of the 1980 Act the maximum period of custody between the accused’s first appearance and the F5start of the summary trial shall be 56 days.
In the case of a summary offence, the maximum period of custody beginning with the date of the accused’s first appearance and ending with the date of the start of the summary trial shall be 56 days.
The foregoing provisions of this regulation shall have effect as if any reference therein to the time when the court decides whether or not to commit the accused to the Crown Court for trial were a reference–
where a court proceeds to inquire into an information as examining justices in pursuance of section 6(1) of the 1980 Act, to the time when it begins to hear evidence for the prosecution at the inquiry;
where a notice has been given under section 4(1)(c) of the Criminal Justice Act 1987 (in these Regulations referred to as a “notice of transfer”), to the date on which notice of transfer was given.
Annotations
Textual amendments
- F1
Words in reg. 4(1) omitted (1.10.1991) by virtue of The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1991 (S.I. 1991/1515), regs. 1(3), 2(b) (with reg. 1(3)(b))
- F2
Word in reg. 4(2) substituted (1.10.1996) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 71(4)(b)(6) (with s. 71(5)); S.I. 1996/2343, art. 2
- F3
Words in reg. 4(2) substituted (1.6.1989) by The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1989 (S.I. 1989/767), regs. 1(3), 3(a) (with reg. 1(3)(b))
- F4
Words in reg. 4(2) omitted (1.10.1991) by virtue of The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1991 (S.I. 1991/1515), regs. 1(3), 2(b) (with reg. 1(3)(b))
- F5
Word in reg. 4(3) substituted (1.10.1996) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 71(4)(b)(6) (with s. 71(5)); S.I. 1996/2343, art. 2
- F6
Words in reg. 4(4) substituted (1.6.1989) by The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1989 (S.I. 1989/767), regs. 1(3), 3(a) (with reg. 1(3)(b))
- F7
Words in reg. 4(4) omitted (1.10.1991) by virtue of The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1991 (S.I. 1991/1515), regs. 1(3), 2(b) (with reg. 1(3)(b))
- F8
Reg. 4(4A) inserted (with saving) (1.11.1999) by The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1999 (S.I. 1999/2744), regs. 1, 2(2)
- F9
Reg. 4(5) substituted (1.6.1989) by The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1989 (S.I. 1989/767), regs. 1(3), 3(b) (with reg. 1(3)(b))