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BTC- Criminal Litigation > Criminal Time Limits > Flashcards

Criminal Time Limits Flashcards

1
Q

Extension for detention without charge from normal max

A

Only for indictable offences
Increased from 24 to:

36 hours (by a superintendent or above)

96 hours (by magistrates)

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2
Q

Where an accused is arrested but not charged, when are they entitled to have their case reviewed by the police?

A

6 hours after the detention was first authorised

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3
Q

Time limit for bringing a charge and requisition for a summary offence

A

Max 6 months

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4
Q

Time limit for starting proceedings for summary offences

A

Within 6 months from summary offence being committed

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5
Q

If someone is charged with a summary offence, how long do they have to be tried in front of a magistrates’?

A

6 months

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6
Q

Time limit for either-way offences to appear in magistrates’

A

There is no time limit, unless there is a statutory time limit available

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7
Q

Maximum period a magistrates’ may remand an accused in custody

A

8 clear days (this is subject to exceptions)

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8
Q

Maximum time for remand on bail

A

8 days- however, can be extended if pros and def agree

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9
Q

Custody time limit for indictable offence between first appearance in MC and committal proceedings

A

70 days in custody max

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10
Q

Custody time limit for either way offence between first appearance in MC and summary trial

A

70 days, unless the decision for summary trial is taken, then it is 56 days

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11
Q

Custody time limit between an accused committed for trial in Crown Court and start of trial

A

112 days

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12
Q

Custody time limit between an accused committed for trial in Crown Court and start of trial (multiple offences)

A

112 days for each count

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13
Q

Custody time limit for sending an accused to CC and the start of trial under CDA s51

A

182 days between sending to CC and start of trial

But must deduct any amount of time the accused was held by magistrates’ in custody

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14
Q

What is the maximum period of time an accused can spend in custody without charge?

A

96 hours

This is if it has been extended by the MC

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15
Q

What is the custody time limit between an accused’s first appearance and the start of trial in MC?

A

182 days (minus any time already spent in custody)

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16
Q

Service of defence statement in MC

A

Within 14 days of the Prosecutions’ initial disclosure

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17
Q

Max custodial sentence a MC can impose for criminal damage below £5,000

A

Max 3 months

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18
Q

Time limit for defence giving notice of witnesses to prosecution

A

Within 14 days (MC)

Within 28 days (CC)

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19
Q

Time limit for serving defence statement in Crown Court

A

Within 28 days of the Prosecutions’ initial disclosure

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20
Q

Time limit for serving the draft indictment on the Crown Court from when a person is sent to trial from MC

A

Within 20 business days

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21
Q

Maximum aggregate sentence the MC can impose for two either-way offences

A

Max 12 months

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22
Q

Notice for stopping a written statement from going into evidence

A

Notice within 5 business days

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23
Q

Minimum time for the jury to deliberate

A

At least 2 hours and ten minutes before the verdict is given

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24
Q

Max penalty for a witness who disobeys a witness summons without excuse

A

Max penalty is 3 months imprisonment

25
Time for application to adduce bad character evidence
No more than 10 days after prosecution disclosure in Crown Court 20 days in Magistrates
26
Every X years for an expert witness to be re-assessed
Every 5 years
27
Term range for a detention and training order for a youth
Minimum four months Maximum 24 months
28
Maximum number of years for a youth rehabilitation order
Max three years
29
Minimum number of months likely imprisonment for a youth to be sent to Crown Court
Minimum 24 months
30
Slip up rule time limit
Within 56 days to vary
31
Maximum time for adjournment for sentence in magistrates' on bail
4 weeks on bail
32
Maximum time for adjournment for sentence in magistrates' in custody
3 weeks in custody
33
Max period for deferring sentence
6 months max
34
Max sentence MC can impose for an either-way offence
6 months Can be increased to 12 months by Secretary of State
35
Maximum and minimum range for number of hours of unpaid work that can be imposed in a community order
Max 300 hours Min 40 hours
36
Maximum and minimum hours for a curfew requirement?
Maximum 20 hours Minimum two hours
37
Maximum curfew hours over 7 days
112 hours
38
Normal time period for a fine to be paid
Within 12 months
39
Time period for unpaid work to be carried out
Within 12 months
40
Maximum period for conditional discharge
Three years max
41
Maximum period for curfew to be imposed
Two years max
42
Maximum period for exclusion requirement to be imposed
Two years max
43
Minimum sentence for imprisonment by Magistrates Court
5 days minimum
44
Maximum sentence for imprisonment by Magistrates Court for summary
6 months max
45
Max and min range of sentence time frame for a suspended sentence
Minimum 14 days Maximum two years
46
Max imprisonment for common assault
6 months max
47
Max imprisonment term for an offence with no specified term
Max two years
48
Minimum sentence for third Class A drug offence
Min 7 years Unless there are exceptional circumstances
49
Minimum sentence for third domestic burglary offence
Min 3 years Unless there are exceptional circumstances
50
Time for appealing to the Crown Court from MC
Within 15 days of sentence
51
Time for appealing to High Court by way of case stated from MC
Within 21 days of sentence
52
Time for appealing to High Court for judicial review
No time limit Must be prompt
53
Time for rescinding or varying sentence after Crown Court sentence
Within 56 days
54
Time limit for an offender to appeal Crown Court conviction to Court of Appeal
Within 28 days of conviction
55
Time for notice of appeal to be lodged to Court of Appeal from Crown Court
Within 28 days of conviction or sentence
56
Time for perfecting grounds of appeal to Court of Appeal
14 days
57
Time for prosecution to appeal Crown Court ruling to the Court of Appeal
Within 5 days of ruling
58
Time for appealing to the Supreme Court from Court of Appeal
Within 28 days of decision
59
Normal maximum period of detention without charge from the relevant time
24 hours after arriving at the police station

BTC- Criminal Litigation (25 decks)

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