Custody time limits

Question 1

What must the prosecution do to hold a defendant beyond the custody time limits?

Answer 1

Obtain court-sanctioned extension

The prosecution cannot unilaterally extend the custody time limits.

Question 2

What are the custody time limits for trials in the magistrates’ court?

Answer 2

56 days for summary only or either-way offences

Question 3

What are the custody time limits for trials in the Crown Court?

Answer 3

182 days for indictable only or either-way offences, minus days in custody prior to sending

The usual days spent in custody prior to the case being sent to the Crown Court is typically zero.

Question 4

When must a trial commence to comply with custody time limits?

Answer 4

Before the expiry of the custody time limit

This applies to both the magistrates’ court and the Crown Court.

Question 5

How is the start of the trial defined in the magistrates’ court?

Answer 5

When the court begins hearing evidence from the prosecution

Question 6

How is the start of the trial defined in the Crown Court?

Answer 6

When a jury is sworn

Question 7

What happens if the custody time limits expire?

Answer 7

The defendant will be released unless the prosecution applies for an extension

The prosecution must demonstrate ‘all due diligence and expedition’ and ‘good and sufficient cause’ for further remand.