Regulation 7 Application for extension of custody time limitI1

An application to a court for the extension or further extension of a custody time limit under section 22(3) of the 1985 Act may be made orally or in writing.

Subject to paragraphs (3) and (4) below the prosecution shall–

give notice in writing to the accused or his representative and to F1the proper officer of the court stating that it intends to make such an application.

In paragraph (2) above, “the proper officer of the court” means in relation to an application in the Crown Court the appropriate officer of the court and in relation to an application in a magistrates' court the clerk of the court.

It shall not be necessary for the prosecution to comply with paragraph (2) above if the accused or his representative has informed the prosecution that he does not require such notice.

If the court is satisfied that it is not practicable in all the circumstances for the prosecution to comply with paragraph (2) above, the court may direct that the prosecution need not comply with that paragraph or that the minimum period of notice required by that paragraph to be given shall be such lesser minimum period as the court may specify.