Criminal Time Limits Flashcards
D’s right to a solicitor can be delayed for…
36 hours
D must be informed that he is under arrest and for what
As soon as practicable
D must be taken to a designated station if detention would exceed…
6 hours
If D is detained without charge, this decision must be reviewed by an inspector after…
6 hours and subsequently every 9 hours.
After 24 hours in detention D must be released unless permission is given by a superintendent for another…
12 hours
Ater 36 hours in detention a warrant must be sought from the Mags, who can grant a further
36 hours
Another warrant must be sough to keep D in detention when he has been there for…
72 hours
The total time D can be detained is
96 hours.
Before conviction D may be remanded in a police station for
3 clear days
Before conviction D may be remanded in prison for
8 clear days, or 28 if a successful application is made.
After conviction D may be remanded in prison for
3 weeks to allow for a PSR
Initial details of P’s case must be provided
As soon as practicable, and no later than the beginning of the day of D’s first appearance.
The mags can send D to the Crown Court
Any time before the closing of P’s case.
In a summary trial, P must serve all evidence upon which he intends to rely within
28 days of D’s plea.
In the CC, P must serve all evidence upon which he intends to rely within
50 days (if D is in custody), or 70 days (if D is on bail).
P’s unused material must be disclosed
As soon as reasonably practicable.
In the CC D must send his Defence Statement within
28 days of P’s initial details.
In a summary trial D may send a Defence statement, and, if so, must do this within…
14 days of initial details.
An application for third party disclosure should be made
As soon as practicable.
P must file the draft indictment
Not more than 28 days after P has served his evidence on the CC and D
If D wishes to quash a charge he should apply
Before plea
If D wishes to apply for dismissal, he must serve notice
No later than 14 days after P’s evidence has been served.
A preliminary hears should take place
14-21 days after sending
Where a Plea and Case Management hearing is held, this should occur
Within 13 weeks of sending (where D is in custody) or 16 where D is on bail.
D may make a statutory declaration
Within 21 days of becoming aware that he has been convicted in his absence
A judge may accept a majority verdict after
2 hours 10 mins
Discounts for guilty plea
First reasonable opportunity = 1/3
Trial date set = 1/4
At the door or later = 1/10
Where the evidence is overwhelming = max 1/5
The magistrates can pass a custodial sentence of
Up to 6 months, or 12 months for multiple either ways.
A goodyear indication will expire
After a reasonable opportunity to plead guilty has passed
The conditions for a Conditional discharge may last
Up to 3 years
If D breaches the conditions of his community sentence he may be imprisoned for
Up to 6 months
A custodial sentence may be suspended if it is between
14 days and 2 years
The supervision period of a suspended sentence must be
Between 6 months and 2 years
A person aged 21 or over convicted of murder must be sentenced to
Life
After a third conviction for Class A drug trafficking, a person must be sentenced to
At least 7 years (unless unjust)
After a third conviction for burglary a person must be sentenced to
3 years unless unjust
A person convicted of firearms offences must receive
O18 6 years
16-18 3 years
Save in exceptional circumstances
Mandatory and minimum sentences can be reduced for a guilty plea by
Up to 1/5.
In the mags an application under the slip rule should be made
As soon as reasonably possible after conviction or sentence
In the CC an an application to vary sentence under the slip rule should be made
Within 56 days.
Notice of appeal should be served on the Mags and P
Within 21 days of sentence.
An application for leave to appeal to the CA must be served on the CC
Within 28 days of conviction! or sentence.
A permission to appeal can be renewed
Within 14 days
An application for leave to make an AGs reference must be made
Within 28 days
A referral order may last between
3 and 12 months
A youth rehabilitation order must last
Less than 3 years
A DTO can last
4,6,8,10,12,18, or 24 months.
After release on suspension from a DTO, if D breaks his conditions he can be put in custody for
Up to 3 months.
Submissions regarding the admissibility of evidence may be dealt with
At the PCMH, or, if during trial, at the point the disputed evidence is about to be called.
