# The Prosecution of Offences (Custody Time Limits) Regulations 1987, Regulation 5: Custody time limits in the Crown Court

Extent: E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where—
(a) a person accused of an indictable offence other than treason is committed to the Crown Court for trial; or
(b) a bill of indictment is preferred against a person under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933,
the maximum period during which he may be in the custody of the Crown Court in relation to that offence, or any other offence included in the indictment preferred against him, while awaiting the preliminary stage of the proceedings specified in the following provisions of this Regulation shall be as stated in those provisions.
(3) The maximum period of custody–
(a) between the time when the accused is committed for trial and the start of the trial; or
(b) where a bill of indictment is preferred against him under the said section 2(2)(b), between the preferment of the bill and the start of the trial,
shall, subject to the following provisions of this Regulation, be 112 days.
(4) Where, following a committal for trial, the bill of indictment preferred against the accused (not being a bill preferred under the said section 2(2)(b)) contains a count charging an offence for which he was committed for trial on a different occasion, paragraph (3) above applies in relation to each offence separately.
(5) Where, following a committal for trial, a bill of indictment is preferred under the said section 2(2)(b) and the bill does not contain a count charging an offence for which he was not committed for trial, the maximum period of custody between the preferment of the bill and the start of the trial shall be 112 days less any period, or the aggregate of any periods, during which the accused has, since the committal, been in the custody of the Crown Court in relation to an offence for which he was committed for trial.
(6) Where, following a committal for trial, the bill of indictment preferred against the accused (not being a bill preferred under the said section 2(2)(b)) contains a count charging an offence for which he was not committed for trial, the maximum period of custody –
(a) between the preferment of the bill and the start of the trial, or
(b) if the count was added to the bill after its preferment, between that addition and the start of the trial,
shall be 112 days less any period, or the aggregate of any periods, during which he has, since the committal, been in the custody of the Crown Court in relation to an offence for which he was committed for trial.
(6A) The foregoing provisions of this regulation shall have effect, where notice of transfer is given in respect of a case, as if references to committal for trial and to offences for which a person was or was not committed for trial included references to the giving of notice of transfer and to charges contained or not contained in the notice of transfer.
(6B) Where an accused is sent for trial ..., the maximum period of custody between the accused being sent to the Crown Court by a magistrates' court for an offence and the start of the trial in relation to it, shall be 182 days less any period, or the aggregate of any periods, during which the accused has, since that first appearance for the offence, been in the custody of the magistrates' court.
(6C) Where, following a sending for trial ..., a bill of indictment is preferred under the said section 2(2)(b) and the bill does not contain a count charging an offence for which he was not sent for trial, the maximum period of custody between the preferment of the bill and the start of the trial shall be the maximum period of custody as provided for in paragraph (6B) above (after making any deductions required by that paragraph) less any period, or the aggregate of any periods, during which the accused has, since he was sent for trial, been in the custody of the Crown Court in relation to an offence for which he was sent for trial.
(6D) Where, following a sending for trial ..., the bill of indictment preferred against the accused (not being a bill preferred under the said section 2(2)(b)) contains a count charging an offence for which he was not sent for trial, the maximum period of custody—
(a) between the preferment of the bill and the start of the trial, or
(b) if the count was added to the bill after its preferment, between that addition and the start of the trial,
shall be the maximum period of custody as provided for in paragraph (6B) above (after making any deductions required by that paragraph) less any period, or the aggregate of any periods, during which he has, since being sent for trial, been in the custody of the Crown Court in relaton to the offence for which he was previously sent for trial.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/1987/299/regulation/5 (the official version)
Page: https://openlegislation.uk/prosecution-of-offences-custody-time-limits-regulations-1987/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.