Criminal Litigation - Dates and Deadlines (18) Flashcards
What is the time period for initial detention?
24 hours from arrival at station
What is the time period for superintendent extension?
12 hours (to 36) Indictable/Either-Way
What is the time period for Magistrates’ Extension?
36 hours (to 72)
What is the time period for Magistrates’ Extension 2?
24 hours (to 96)
What is the time period for the first detention review?
6 hours
What is the time period for the subsequent detention reviews?
9 hours
Until when can a right to inform someone be delayed and by whom?
36 hours
Inspector
Until when can a Right to Legal Advice be delayed and by whom?
36 hours
Superintendent
What are the deadlines fpr station rights and procedures?
Uninterrupted Rest 8 hours (every 24) Preferably at night.
Refreshment Breaks Every 2 hours During interview.
2 Light Meals 1 Main Meal Every 24 hours Drinks on request.
Officer Visitation Every 1 hour Visits suspect.
Right to Legal Advice As soon as practicable Unless delayed.
Right to Inform Person As soon as practicable Unless delayed.
Right to Inform Guardian As soon as practicable Child suspects (cannot be delayed).
Interview As soon as practicable
ID Procedure As soon as practicable
What is the timeline for bail process?
Murder Bail 48 hours (of remittal to CC) Must be Crown Court Judge.
Defendant Appeal Hearing As soon as practicable (1 business day max) In Crown Court Chambers.
CPS Appeal Permission At grant of bail Must serve on D within 2 hours.
CPS Appeal Hearing As soon as practicable (2 days max) In Crown Court Chambers.
MC Hearing After Breach Within 24 hours
What is the time line for case management hearings?
First Hearing MC As soon as possible
Preliminary Hearing 10 working days (of allocation) If indictable-only and either: a) trial > 4 weeks; b) early trial date; c) youth defendant; d) guilty plea.
Plea and Trial Preparation Hearing 20 working days (of allocation)
What is the timeline for evidence?
Obtaining Evidence As soon as possible Subject to legal aid agency consent.
Trial Preparation (MC) 8 Weeks (14 with expert evidence) From plea.
Trial Preparation (CC) Varies
Prosecution Initial Disclosure Before first-hearing All evidence relied upon.
Prosecution Undisclosed Materials Disclosure As soon as possible (from not guilty plea) Must respond to further requests within 10 working days.
Defence Statement (MC) 10 working days (of unused materials)
Defence Statement (CC) 20 working days (of unused materials)
Defence Notice of Witness Evidence 20 working days (of unused materials)
Expert Evidence 20 working days (of plea)
Part 20 Hearsay (MC) 20 working days (of plea)
Part 20 Hearsay (CC) 10 working days (of plea)
Part 20 Hearsay (D) As soon as practicable
Hearsay Exclusion 10 working days (of service)
Challenging Confession At least 10 working days (from trial)
Bad Character Evidence (MC) 20 working days (of plea)
Bad Character Evidence (CC) 10 working days (of plea)
Bad Character Exclusion 10 working days (of service)
Confirmation of Trial Readiness 10 working days (before trial)
What are the time limits for sentencing and sentences?
Early Plea Reduction 1/3 First Hearing.
Early Plea Reduction 1/4 Before Trial.
Early Plea Reduction 1/10 First Day of Trial.
Early Plea Reduction Up to 1/10 During Hearing.
Community Order Up to 3 years
Magistrates’ Court Sentence Up to 6 Months 12 Months’ Consecutive Sentences.
Custodial Release on License Halfway (into sentence) “If sentence>2 years, 12 months supervision minimum.
If offender ‘of concern’, must apply.”
Suspended Sentence (MC) 6 months to 12 months. Original sentence 14 days - 12 months.
Suspended Sentence (CC) 6 months to 2 years. Original sentence 14 days - 2 years.
Youth DTO Up to 24 Months 12-14s must be persistent youth offenders, 15-17s do not.
Youth Referral Order 3-12 Months
Youth Rehabilitation Order Up to 3 Years
What are the timelines on appeal?
Notice of Appeal (MC) 15 working days Of sentence/conviction.
Case Stated (to HC) 21 days
Judicial Review (to HC) 3 months and promptly
Notice of Appeal (CC) 28 days Of sentence/conviction.
Unduly Lenient Sentence 28 days Of sentence,
