Time Limits

Question 1

Application to appeal from the Court of Appeal to the Supreme Court

Answer 1

Must be made no more than 28 days after the decision date. (can be either prosecution or defence if it involves a point of LAW only).

Question 2

Time Limit for trying an accused in the Magistrates Court (summary offence)

Answer 2

A magistrates’ court may not try an accused for a summary offence unless the application for a summons was served on the magistrates’ court within six months of the time when the offence was allegedly committed. (does not apply to either-way or indictable offences)

Question 3

Time limit for the prosecution issuing the written charge and requisition process.

Answer 3

where a prosecution is initiated by the written charge and requisition process, the written charge must be issued within the six months permitted by s. 127. For these purposes, ‘the written charge can be regarded as issued only when the document comprising the written charge is completed, with all relevant details and in the form needed for service. Provided that is done within six months of the relevant offence, the written charge will have been issued in time’

Question 4

What is the procedure if there is uncertainty as to whether proceedings were started in time?

Answer 4

where there is uncertainty as to whether proceedings were started in time, the question should be determined according to the criminal standard of proof and the magistrates should decline to hear the matter unless satisfied so that they are sure that the proceedings were commenced within the statutory time-limit.

Question 5

Time limit for bringing charges of an either-way offence

Answer 5

As regards either-way offences, there is no time-limit within which proceedings must be started, unless it is one of the exceptional offences for which there is statutory limitation on the time for taking proceedings on indictment, in which case that limitation applies equally to summary proceedings (s. 127(2) and (4)).
Even where a statute creates an either-way offence and then appears to impose a time-limit in respect of summary proceedings (but not proceedings on indictment), the limitation is overridden by the MCA 1980, s. 127(2).

Question 6

Time limit for disclosure of unused material in the Crown Court

Answer 6

There are no statutory time-limits for disclosure of unused material in the Crown Court. That being the case, the default position is set out in the CPIA 1996, s. 13(1): disclosure must be made as soon as reasonably practicable after the happening of a particular event, such as service of the prosecution case.

Question 7

When must a notice of intention to call a witness be given?

Answer 7

Notice of intention to call a witness must be given within 14 days from the date when the prosecutor complies, or purports to comply, with his duty to disclose under s. 3

Question 8

When must a defence statement be served?

Answer 8

The defence statement must be served within 28 days of the prosecution’s compliance (or purported compliance) with the duty of initial disclosure. There is no limit to the number of applications that may be made (reg. 3). Time runs from the date of service of a statement by the prosecution under the CPIA 1996, s. 3(1)(h), not from service of the scheduled unused material

Question 9

When does the “relevant period” begin?

Answer 9

begins with the day on which the prosecutor complies, or purports to comply, with section 3 (initial duty of prosecutor to disclose).

Question 10

How long is the relevant period for disclosure in summary trials?

Answer 10

14 days, beginning with the first day of the relevant period

Question 11

How long is the relevant period for disclosure in crown court trials?

Answer 11

28 days, beginning with the first day of the relevant period

Question 12

Is there a limit to how many applications can be made to extend the relevant period?

Answer 12

No

Question 13

What failures to comply with defence disclosure will the court award sanctions for under s11 CIPA?

Answer 13

Section 11 CIPA
sanctions for failure in defence disclosure which apply if the accused:
a. fails to give the initial defence statement required under s. 5 in respect of Crown Court cases;
b. gives the initial defence statement after the 14-day period during which it must be served in the magistrates’ court or after the 28-day period during which it must be served in the Crown Court (see D9.40);
c. fails to provide an updated statement required under s.6B(1) or a statement that no updating is necessary under s.6B(4) (note, however, that s. 6B is not yet in force);
d. supplies the documents in (c) outside the applicable time-limit;
e. sets out inconsistent defences in the defence statement;
f. puts forward a defence at trial that was not mentioned in the defence statement;
g. relies on a matter that should have been mentioned in the defence statement to comply with s. 6A, but was not;
h. gives evidence of alibi or call a witness to give evidence in support of alibi without having complied with the provisions relating to notification of alibi witnesses;
i. calls a witness not included or adequately identified in the notice of defence witnesses.
The above list is a summary of s.11(2)

Question 14

Can the prosecution or co-accused comment on defects in disclosure?

Answer 14

Other parties (the prosecution and co-accused) may also comment upon any defect in disclosure, but in certain circumstances such comment requires the leave of the court. Those circumstances are where the defect that triggers the sanction is a failure to mention a point of law (including failure to mention a point about admissibility of evidence or abuse of process) or authority to be relied on, failure to give notice of or adequately identify a witness, or failure to give such notice in time (s.11(6) and (7)).

Question 15

Can the jury draw inferences from failure to comply with s11 (Defence disclosure)

Answer 15

If any of the above deficiencies applies, the court or jury may also draw such inferences as appear proper in deciding whether the accused is guilty of the offence concerned (s. 11(5)(b)). The accused may not, however, be convicted solely on the basis of such an inference (s. 11(10)).

Question 16

If there is a failure of defence disclosure by breaching the requirements of the CPIA, what sanctions are the court limited to?

Answer 16

If there is a failure of defence disclosure by breaching any of the requirements of the CPIA 1996, the only sanctions available to the court are those contained in s. 11. Therefore, the court cannot:
• punish by way of contempt of court a failure to comply with its direction to amend (or provide) the defence statement (Rochford [2010] EWCA Crim 1928, [2011] 1 WLR 534);
• rule as inadmissible the evidence of alibi witnesses on the basis that no defence statement had been served providing details of them (R (Tinnion) v Reading Crown Court [2009] EWHC 2930 (Admin), [2010] RTR 24 (263)); and
• decline to allow the accused to put forward matters in cross-examination which go to a relevant issue because the material on which such cross-examination is based is produced at a very late stage with no advance notice (T [2012] EWCA Crim 2358).

Question 17

Time allowed for deferring sentencing

Answer 17

The court must fix the date to which sentence is deferred, the maximum period allowed being six months (s. 1(4)). Subject to an exception mentioned below, sentence may be deferred only once (s. 1(4)). (once per court – e.g. can be deferred in the Mags and then committed to crown and deferred again.)

Question 18

Maximum time the magistrates may adjourn after conviction, before sentencing

Answer 18

The adjournment shall not be for more than four weeks at a time unless the court remands the accused in custody and, where it so remands him, the adjournment shall not be for more than three weeks at a time. The court may, if necessary adjourn again.

Question 19

Maximum Sentence a Magistrate can impose

Answer 19

The maximum sentence that magistrates may currently impose upon an offender summarily convicted of an either-way offence, is six months’ imprisonment and/or a fine of any amount

Question 20

Maximum time for a conditional discharge

Answer 20

The period of the conditional discharge is fixed by the court but must not exceed three years.

Question 21

What is considered the “reasonable amount of time” for the repayment of fines?

Answer 21

The Magistrates’ Court Sentencing Guidelines state that ‘normally a fine should be of an amount that is capable of being paid within 12 months’, however, it was held by the Court of Appeal that the maximum time is not limited to 12 months.
There is an exception in relation to corporate defendants, where the fine may be payable over a substantially longer period than for an individual.

Question 22

What is the time limit on completing an unpaid work element?

Answer 22

The number of hours of unpaid work which may be ordered by the court, must be not less than 40 and not more than. The work required should normally be completed within 12 months (s. 200(2)).

Question 23

What are the limits on the number of hours available to the court to impose a curfew (per day)

Answer 23

A curfew requirement is a requirement that the offender remain at a place specified by the court for certain periods of time. These periods of time must be not less than two hours and not more than 16 hours in any given day.

Question 24

What is the longest a curfew period can be implemented?

Answer 24

12 months

Question 25

How long can the court delay imposing a confiscation order?

Answer 25

The confiscation order may be made before sentence. Alternatively, the court may postpone the confiscation hearing for up to two years from the date of conviction and proceed first to sentence the defendant, but must not impose any financial orders or penalties in that period, such as a compensation order or fine. In ‘exceptional circumstances’ longer postponements are possible.

Question 26

Can a justices’ clerk issue a warrant?

Answer 26

No. A justices’ clerk may issue a summons but not a warrant.

Question 27

How does a prosecutor apply for a summons?

Answer 27

Under CrimPR 7.2(1) a prosecutor who wants the court to issue a summons must either serve a written application on the court, or present an application orally to the court (but with a written record of the allegation(s) made by the prosecutor). By virtue of CrimPR 7.2(3), the application must set out the allegation(s) made by the applicant and, if there is a time limit for prosecution of the offence(s), demonstrate that the application is made in time.

Question 28

How long can the Magistrates remand an accused in custody?

Answer 28

The maximum period for which a magistrates’ court may remand an accused in custody is ‘eight clear days’

Question 29

Can Magistrates award further remands?

Answer 29

Yes. A person who is brought before the court after an earlier remand may be remanded again. The only limitation on the number of remands is the general discretion of magistrates to refuse an adjournment if it would be against the interests of justice.

Question 30

Can the ‘eight clear days’ be extended in one period of remand?

Answer 30

Yes. the accused may be remanded for a period greater than eight clear days if the remand is on bail and both the accused and the prosecution agree to a longer period of remand.

Question 31

Time Limit between:

first appearance and committal

Answer 31

the maximum period for which an accused charged with an indictable offence may be held in the custody of the magistrates’ court between first appearance and committal proceedings is 70 days.

Question 32

Time Limit between:

first appearance and summary trial

Answer 32

If the offence is triable either way and the court determines to try the case summarily, the maximum period in custody between first appearance and the court beginning to hear evidence for the prosecution is again 70 days, unless the decision for summary trial is taken within 56 days, in which case the limit is reduced to 56 days

Question 33

Time Limit between:

committal and trial on indictment

Answer 33

the maximum period for which an accused committed for trial to the Crown Court may be held in custody between ‘committal’ and the start of trial is 112 days.

Question 34

Time Limit between:

Multiple committals

Answer 34

If a single indictment is preferred containing counts in respect of which the accused was committed for trial on two or more different occasions, the 112-day limit applies separately in relation to each offence.

Question 35

Time Limit between:

Section 51 sending

Answer 35

Where the accused has been sent for trial under the CDA 1998, s. 51, the maximum period is 182 days between the date on which the accused is sent to the Crown Court and the start of the trial. From this maximum must be deducted any period during which the accused was held in custody by the magistrates.

Question 36

Time Limit between:

Retrial directed by the Court of Appeal

Answer 36

Where an indictment is preferred by direction of the Court of Appeal, following the ordering of a retrial, the 112-day limit applies from that preferment

Question 37

Time Limit: Voluntary bill

Answer 37

Where proceedings are by way of a voluntary bill of indictment the 112-day period runs from the date of preferment of the bill.

Question 38

What happens if a custody time-limit expires before completion of the stage of proceedings in question?

Answer 38

the accused must be granted bail, in relation at least to the offence to which the limit relates. Where the Crown Court is notified that the 112-day time-limit between ‘committal’ and the start of the trial is about to expire in a certain case, it must bail the accused as from the expiry of the limit, subject to a duty to attend for trial.

Question 39

What are the conditions for extending the custody time limit?

Answer 39

At any time before the expiry of a time-limit, the Crown Court, if the accused has already been committed for trial, or the magistrates’ court, in other cases, may extend the limit if satisfied of two matters:

a. that ‘the prosecution has acted with all due diligence and expedition’, and
b. that there is ‘good and sufficient cause for doing so’.

Question 40

What is the time limit for making a decision on bail in a murder case?

Answer 40

The crown court judge must decide as soon as reasonably practicable and, in any event, within the period of 48 hours (excluding weekends and public holidays) beginning with the day after the day on which the person appears before the magistrates’ court.

Question 41

When must an application to vary bail conditions be made?

Answer 41

The application must be served not less than two business days before any hearing in the case at which the applicant wants the court to consider it, if such a hearing is already due. The court may determine an application to vary a condition without a hearing if the variation has been agreed by the parties (r.14.7(7)(c)); if there is to be a hearing, it should take place no later than the fifth business day after the application was served (r.14.7(6)(b)).

Question 42

What is the time limit for a second application for Bail hearing to take place?

Answer 42

An accused who has been remanded in custody may make a fully argued application at the next hearing, regardless of whether that application repeats arguments that were placed before the previous bench. Unless the accused consents to being remanded while absent, the next hearing will take place within eight clear days.

Question 43

When should bail be applied for in the Crown Court?

Answer 43

Written notice of the intention to make the application must be given to the magistrates’ court, the Crown Court and the prosecutor (and any surety affected or proposed) as soon as reasonably practicable after the decision of the magistrates’ court (r.14.8(2)).
Unless the Crown Court directs otherwise, the application or appeal should be heard no later than the business day after notice of the application or appeal was served (r.14.8(6)).

Question 44

When will an appeal to the crown court on a decision on bail be heard?

Answer 44

Unless the Crown Court directs otherwise, the application or appeal should be heard no later than the business day after notice of the application or appeal was served (r.14.8(6)).

Question 45

If the prosecution wish to oppose a granting of bail, within what time must be the appeal be heard?

Answer 45

within 48 hours, excluding weekends and public holidays

Question 46

Following arrest for breach of bail conditions, how long until the accused will be brought back before the court?

Answer 46

Following arrest, the person arrested must be brought before a magistrate as soon as practicable and, in any event, within 24 hours (excluding Sundays). The accused must be brought before the court at which surrender to custody should have taken place. STRICT TIME LIMIT.

Question 47

When should Prosecution supply the initial details of the prosecution case?

Answer 47

Rule 8.2(1)(a) requires the prosecutor, as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing), to provide to the court ‘initial details’ of the prosecution case.
o These initial details of the prosecution case do not have to be supplied automatically to the accused; rather, r. 8.2(2) provides that, if the accused requests the initial details, the prosecutor must serve them as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing);
o if the accused does not request those details, the prosecutor must make them available to the accused at, or before, the beginning of the day of the first hearing (r. 8.2(3)).

Question 48

If the accused is on bail, when must the first hearing be listed if the prosecutor anticipates a guilty plea that is likely to be sentenced in the Mags?

Answer 48

14 days after charge

Question 49

If the accused is on bail, when must the first hearing be listed if the prosecutor anticipates a not-guilty plea that is likely to be tried and sentenced in the Crown?

Answer 49

28 days after charge

Question 50

What is the time limit for submitting a Defence statement?

Answer 50

Where the accused chooses to serve a defence statement this must be done within 14 days from the date on which the prosecutor complies or purports to comply with the initial duty of disclosure

Question 51

What is the time limit for triable either way offences from first appearance to trial? (Mags)

Answer 51

For triable either way offences the time limit from first appearance to trial is 70 days UNLESS the decision to try the case summarily is taken within 56 days in which case the time limit is reduced to 56 days.

Question 52

What is the time limit summary offences from first appearance to trial? (Mags)

Answer 52

For summary only offences the custody time limit from first appearance to trial is 56 days

Question 53

What is the time limit between a s51 sending a trial in the crown court?

Answer 53

Where an accused has been sent for trial under
s.51 CDA 1998 the maximum period between sending
and the start of the trial is 182 days. HOWEVER from
this maximum any period of custody in the
magistrates’ court must be deducted.

Question 54

What is the time limit between an accused arriving at the crown court (other than by s51 sending, e.g. committal) and a trial?

Answer 54

Where an accused arrives in the Crown Court by way of notice of transfer, voluntary bill of indictment or after a retrial is ordered the custody time limit is 112 days between “committal” / preferment and the start of the trial.

Question 55

How long does the accused have to serve a statutory declaration that he did not know of proceedings (or summons)?

Answer 55

Within 21 days of the date he did become aware of such proceedings.

(1) Where a summons has been issued under section 1 above and a magistrates’ court has begun to try the information to which the summons relates, then, if—
(a) the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and
(b) within 21 days of that date the declaration is served on the designated officer for the court, without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.
(2) For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the designated officer if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.

Question 56

How long does a party have to object to a s9 statement?

Answer 56

If, within five business days of service, any of them serves a counter-notice objecting to the statement being put in evidence, it may not be used.

Question 57

When should an accused apply to adduce his own character evidence?

Answer 57

The accused who wishes to introduce evidence of his or her own bad character to give notice, in writing or orally, as soon as reasonably practicable and in any event before the evidence is introduced.

Question 58

When must the applicant serve application to adduce bad character of a NON-defendant?

Answer 58

The applicant must serve the application—
• as soon as reasonably practicable; and in any event
• not more than 10 business days after the prosecutor discloses material on which the application is based (if the prosecutor is not the applicant).

Question 59

How long does a party have to object to the adducing of bad character of a non-defendant or defendant?

Answer 59

A party who objects to the introduction of the evidence must serve notice on the court officer, and each other party not more than 10 business days after service of the application; and

Question 60

What is the time limit for a prosecutor wanting to adduce the defendant’s bad character?

Answer 60

A prosecutor must serve any such notice not more than—
• 20 business days after the defendant pleads not guilty, in a magistrates’ court; or
• 10 business days after the defendant pleads not guilty, in the Crown Court.

Question 61

What is the time limit for a co-defendant wanting to adduce the defendant’s bad character?

Answer 61

A co-defendant who wants to introduce such evidence must serve the notice—
• as soon as reasonably practicable; and in any event
• not more than 10 business days after the prosecutor discloses material on which the notice is based.

Question 62

When is the indictment required to be served?

Answer 62

At least seven days before the PTPH, which itself takes place within 28 days of the case being sent to the Crown Court

Question 63

What does the effect of having different or additional counts on the indictment have on the time limit to serve it?

Answer 63

the draft indictment should be served more quickly than this period if the prosecution will be seeking to include counts on the indictment which differ from, or are additional to, the counts on the basis of which the accused was sent.
(“this period” being At least seven days before the PTPH, which itself takes place within 28 days of the case being sent to the Crown Court)

Question 64

Can the time limit to serve an indictment be extended?

Answer 64

Yes, even after the time limit has expired.

Question 65

When must the prosecutor serve the draft indictment after sending for trial?

Answer 65

This rule applies where—
a. a magistrates’ court sends a defendant to the Crown Court for trial; and
b. Draft indictment generated electronically on sending for trial does not apply.
The prosecutor must serve a draft indictment on the Crown Court officer not more than 20 business days after serving of prosecution evidence, copies of the documents containing the evidence on which the prosecution case relies.

Question 66

Where the indictment is served by the prosecutor with the High Court’s permission, what is the time limit to serve it?

Answer 66

Where this rule applies—

a. that proposed indictment constitutes the draft indictment; and
b. the prosecutor must serve the draft indictment on the Crown Court officer not more than 20 business days after the High Court judge’s decision.

Question 67

If the prosecution want to reinstate proceedings, how long do they have to serve the draft indictment?

Answer 67

The prosecutor must serve a draft indictment on the Crown Court officer not more than 3 months after the proceedings were stayed.

Question 68

Where the court of appeal orders a retrial, how long does the prosecution have to serve the indictment?

Answer 68

The prosecutor must serve a draft indictment on the Crown Court officer not more than 28 days after that order.

Question 69

How far in advance of a PTPH must the detail of the prosecution case be provided for am accused on BAIL?

Answer 69

At least seven days in advance of the PTPH

Question 70

When must notice of appeal be served from the Magistrates?

Answer 70

CrimPR requires notice of appeal to be given in writing to the relevant magistrates’ court officer and every other party within 15 business days of sentence being passed or sentence being deferred. The appellant has 15 business days from the date of sentence, even if that is after the date of conviction, to appeal only against conviction. The time-limit is also 15 business days where the appeal is against an order, or failure to make an order.

Question 71

If a Crown Court decision is to be varied or rescinded, when must this happen?

Answer 71

A sentence imposed or other order made by the Crown Court when dealing with an offender may be varied or rescinded within 56 days of being passed or made.

Question 72

Who can vary or rescind a Crown Court sentence (within the 56 Days)?

Answer 72

The judge who makes the variation must be the judge who originally passed sentence; if, however, the judge was accompanied by justices on the first occasion, they need not be present for the variation

Question 73

What is the time limit to appeal to the CoA following conviction on indictment?

Answer 73

Written grounds of appeal must be submitted within 28 days of the conviction. The initial decision either to grant or refuse leave is usually taken on the papers by the single judge

Question 74

How long does the court have to grant a certificate of appeal to the CoA?

Answer 74

Within 28 days of Conviction. The certificate removes the need for leave to appeal to be granted by the Court of Appeal but it does not commence the appeal; advocates still need to follow the procedure.

Question 75

How long does a party have to lodge notice of appeal?

Answer 75

Within 28 days:
Notice of appeal (if the trial judge has granted a certificate that the case is fit for appeal) or notice of application for leave to appeal (required in all other cases) must be lodged in the prescribed manner. The notice must be lodged within 28 days of either conviction or sentence, depending on which is being appealed.
Immediately following the conclusion of the case, the legal representatives should see the defendant and advocates should orally express their final view as to the prospects of an appeal against conviction and/or sentence. If there are reasonable grounds of appeal, they should be drafted, signed and sent to instructing solicitors as soon as possible. The solicitors should then immediately send a copy to the accused.

Question 76

Can the time limit for seeking leave to appeal be extended?

Answer 76

Yes. Although the time period for lodging the notice of application for leave to appeal is 28 days, that period may be extended either before or after its expiry.

Question 77

When must a skeleton argument for an appeal hearing be served?

Answer 77

On an appeal against conviction, a skeleton argument must be served if the appeal notice ‘does not sufficiently outline the grounds of the appeal, particularly where a complex or novel point of law has been raised’. On a sentencing appeal, a skeleton argument ‘may be helpful if a complex issue is raised’. the ‘appellant’s skeleton argument, if any, must be served no later than 21 days before the hearing date, and the respondent’s skeleton argument, if any, no later than 14 days before the hearing date’, unless otherwise directed. Any skeleton argument should contain a numbered list of the points the advocate intends to argue and should be as succinct as possible.

Question 78

When must an applicant’s skeleton argument for an appeal hearing be served?

Answer 78

no later than 21 days before the hearing date (if any)

Question 79

When must a respondent’s skeleton argument for an appeal hearing be served?

Answer 79

no later than 14 days before the hearing date (if any)

Question 80

How long does a party have to request a Supreme Court Appeal?

Answer 80

An application to the Court of Appeal for leave to appeal to the Supreme Court must be made by the party seeking to appeal no more than 28 days after the decision, or the date on which the court gives the reasons for its decision, whichever is later. Time begins to run on the day of the decision and not the day following the decision.