Regulation 5 Custody time limits in the Crown CourtI1
England and Wales
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F2Where—
a person accused of an indictable offence other than treason is committed to the Crown Court for trial; or
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.
The maximum period of custody–
between the time when the accused is committed for trial and F3the start of the trial; or
where a bill of indictment is preferred against him under the said section 2(2)(b), between the preferment of the bill and F4the start of the trial,
shall, subject to the following provisions of this Regulation, be 112 days.
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.
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 F5the 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.
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 –
between the preferment of the bill and F6the start of the trial, or
if the count was added to the bill after its preferment, between that addition and F7the 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.
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.
Where an accused is sent for trial F10..., 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.
Where, following a sending for trial F11..., 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.
Where, following a sending for trial F12..., 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—
between the preferment of the bill and the start of the trial, or
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.
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Annotations
Textual amendments
- F1
Reg. 5(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(c) (with reg. 1(3)(a))
- F2
Words in reg. 5(2) substituted (1.10.1991) by The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1991 (S.I. 1991/1515), regs. 1(3), 2(c) (with reg. 1(3)(a))
- F3
Words in reg. 5(3)(a) substituted (1.10.1996) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 71(4)(c)(6) (with s. 71(5)); S.I. 1996/2343, art. 2
- F4
Words in reg. 5(3)(b) substituted (1.10.1996) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 71(4)(c)(6) (with s. 71(5)); S.I. 1996/2343, art. 2
- F5
Words in reg. 5(5) substituted (1.10.1996) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 71(4)(c)(6) (with s. 71(5)); S.I. 1996/2343, art. 2
- F6
Words in reg. 5(6)(a) substituted (1.10.1996) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 71(4)(c)(6) (with s. 71(5)); S.I. 1996/2343, art. 2
- F7
Words in reg. 5(6)(b) substituted (1.10.1996) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 71(4)(c)(6) (with s. 71(5)); S.I. 1996/2343, art. 2
- F8
Reg. 5(6A) inserted (1.6.1989) by The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1989 (S.I. 1989/767), regs. 1(3), 4(b) (with reg. 1(3)(b))
- F9
Reg. 5(6B)-(6D) inserted (15.1.2001) by The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 2000 (S.I. 2000/3284), regs. 1, 2(2)
- F10
Words in reg. 5(6B) omitted (18.6.2012) by virtue of The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 2012 (S.I. 2012/1344), regs. 1, 2(2)(a)
- F11
Words in reg. 5(6C) omitted (18.6.2012) by virtue of The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 2012 (S.I. 2012/1344), regs. 1, 2(2)(b)
- F12
Words in reg. 5(6D) omitted (18.6.2012) by virtue of The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 2012 (S.I. 2012/1344), regs. 1, 2(2)(c)
- F13
Reg. 5(7) revoked (1.10.1996) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 71(4)(d)(6), Sch. 5 (with s. 71(5)); S.I. 1996/2343, art. 2