Prosecution of Offences (Custody Time Limits) Regulations 1987
| Year | 1987 |
1987 No. 299
CRIMINAL LAW, ENGLAND AND WALES
The Prosecution of Offences (Custody Time Limits) Regulations 1987
Made 26th February 1987
Laid before Parliament 6th March 1987
Coming into force 1st April 1987
In exercise of the powers conferred on me by sections 22(1) and (2) and 29(2) of the Prosecution of Offences Act 19851, I hereby make the following Regulations:–
Citation and commencement
1. These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) Regulations 1987 and shall cone into force on 1st April 1987.
Interpretation
2.—(1) In these Regulations–
“the 1980 Act” means the Magistrates' Courts Act 19802;
“the 1985 Act” means the Prosecution of Offences Act 1985.
(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 reference to the time when first he appears or is brought before the court on an information charging him with that offence.
(3) In these Regulations a reference to the commencement of a summary trial is a reference to the time when the court begins to hear evidence for the prosecution at the trial or, if the court accepts a plea of guilty without hearing such evidence, the time when the plea is accepted.
(4) Any maximunm period set by these Regulations during which a person may be in the custody of a court does not include the day on which the custody commenced.
(5) A custody time limit which would, apart from this paragraph, expire on any of the days to which this paragraph applies shall be treated as expiring on the next proceding day which is not one of those days.
The days to which this paragraph applies are Saturday, Sunday, Christmas Day, Good Friday and any day which under the Banking and Financial Dealings Act 19713is a bank holiday in England and Wales.
Application
3.—(1) Subject to paragraph (3) below these Regulations shall apply in relation to proceedings instituted in any of the areas mentioned in paragraph (2) below, but shall not apply in relation to proceedings instituted elsewhere.
(2) The areas referred to in paragraph (1) above are the following counties, namely –
Avon
Kent
Somerset
West Midlands.
(3) These Regulations shall not apply in relation to proceedings for an offence instituted before the date of commencement of these Regulations, except where the accused is committed on or after that date for trial in the Crown Court.
Custody time limits in magistrates' courts
4.—(1) In proceedings in relation to which these Regulations apply, 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.
(2) 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 commencement 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–
(a)
(a) in the case of proceedings instituted in the county of West Midlands, 98 days; and
(b)
(b) in the case of proceedings instituted elsewhere, 70 days.
(3) 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 commencement of the summary trial shall be 56 days.
(4) In the case of an offence triable on indictment exclusively the maximum period of custody between the accused’s first appearance and the time when the court decides whether or not to commit the accused to the Crown Court for trial, shall be–
(a)
(a) in the case of proceedings instituted in the county of West Midlands, 98 days; and
(b)
(b) in the case of proceedings instituted elsewhere, 70 days.
(5) Where a court proceeds to inquire into an information as examining justices in pursuance of section 6(1) of the 1980 Act, 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 was a rerference to the time when it begins to hear evidence for the prosecution at the inquiry.
Custody time limits in the Crown Court
5.—(1) In this Regulation “specified Crown Court centre” means the Crown Court sitting at any of the following places, namely –
Birmingham
Bristol
Maidstone.
(2) In proceedings in relation to which these Regulations apply, where –
(a)
(a) a person accused of an indictable offence other than treason is committed for trial at a specified Crown Court centre; or
(b)
(b) a bill of indictment is preferred against such a person under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 19334at a specified Crown Court centre,
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)
(a) between the time when the accused is committed for trial and his...
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