Time Limits (New)

Question 1

What are the detention time limits?

Answer 1

• Normally 24h from the ‘relevant time’, i.e.: (i) when the person arrives at the police station or (ii) 24h after arrest, whichever is earlier.
• Time limits can be extended for indictable offences:
• (i) For a total of 36h from the relevant time by a PO of rank of superintendant or above
• (ii) for total of 96h from the relevant time by mags court
• Time runs continuously from relevant time, unless a detainee is removed to hospital for medical treatment, time spent at the hospital or travelling to or from hospital does not count (unless the person was questioned there)

Question 2

What are the time limits for commencing proceedings?

Answer 2

• Summary only offences: 6 months from commission. This is true irrespective of whether the proceedings are commenced by written charge and requisition or by issuing a summons/warrant of arrest. In either case, the written charge/application must be served on the magistrates court (i.e. not relevant if it is served within time on D) within 6 months.
• For all other offences, there are no time limits

Question 3

What is the maximum period for which a magistrates’ court may remand an accused in custody?

Answer 3

8 clear days

Question 4

How long can an accused be remanded on bail for?

Answer 4

• No maximum time
• Can be longer than 8 clear days if the remand is on bail and both the accused and the prosecution agree to a longer period of remand

Question 5

What is the custody time limit between first appearance and committal to the CC?

Answer 5

70 days

Question 6

What is the custody time limit between first appearance and summary trial?

Answer 6

• 56 days for summary offences
• 70 days for EW offences which go to summary trial, unless decision for summary trial is taken within 56 days -> then 56 days

Question 7

What is the custody time limit between committal and trial on indictment?

Answer 7

112 days

-> 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 8

What is the custody time limit between committal and trial on indictment where the accused was sent to the CC under s. 51 CDA?

Answer 8

• 182 days minus any period during which the accused was held in custody by the magistrates

Question 9

What is the custody time limit between the CA ordering a retrial and the start of the retrial?

Answer 9

112 days

Question 10

What is the custody time-limit period where proceedings are by way of a voluntary bill of indictment?

Answer 10

112 days between preferment of that bill and the start of the trial

Question 11

When a person is charged with murder, within what time period does the decision whether they should be granted bail have to be taken?

Answer 11

A Crown Court judge must make a decision about bail 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 (s. 115(3))

Question 12

When do applications to vary bail conditions have to be served by? When does the hearing have to take place?

Answer 12

These rules apply to applications by both A and P

• Served on court and other party 2 business days before any hearing at which it is to be considered, if such hearing is already due
• Court may determine w/o hearing if variation agreed to by the parties
• If a hearing, no later than 5th business day after application served

Question 13

When do you make a repeat application for bail?

Answer 13

At the next hearing (this will take place within 8 clear days of the previous hearing)

Question 14

When do you have to give written notice of your intention to apply for bail from the CC after the mags have refused or to apply for a variation of bail conditions from the CC? When does the hearing of the application take place?

Answer 14

• The accused must give written notice of the intention to make the application to (1) the mags, (2) the CC and (3) the prosecutor as soon as reasonably practicable after mags have reached their decision
• Hearing should be heard no later than the business day after notice of the app or appeal was served

Question 15

What are the time limits that apply to the procedure that the prosecution must follow to appeal a grant of bail to the next highest court?

Answer 15

(1) Give oral notice of appeal at the conclusion of the proceedings in which bail was granted, and before the accused is released from custody.

(2) Following the oral notice of appeal, the accused must be remanded in custody until the appeal is determined or otherwise disposed of.

(3) The oral notice must be confirmed in writing, served on the court and the accused within two hours after the conclusion of the proceedings; otherwise the appeal is deemed to be disposed of and the accused will be released on bail on the terms on which it was granted by the court when it granted bail.

(4) The appeal must be heard (by the Crown Court or the High Court, as the case may be) within 48 hours, excluding weekends and public holidays. The Divisional Court construed this as meaning that the appeal hearing must commence within two working days of the date of the decision to grant bail. The Court rejected the contention that the appeal had to commence literally within 48 hours of the moment upon which oral notice had been given.

Question 16

If an officer arrests a person without warrant on the ground that they have reasonable grounds for believing that A is not likely to surrender to custody when the time comes/that A has or is likely to break a bail condition/a surety has given written notice to the police that the person bailed is unlikely to surrender to custody and for that reason the surety wishes to be relieved of any obligations, within what timeframe must A be brought before the court to deal with the matter?

Answer 16

• Asap and no later than 24h after arrest (excluding Sundays). If arrested within 24h of time appointed for surrender to custody A must be brought before court at which he would have surrendered for trial
• If A is kept for longer this is unlawful

Question 17

What is the punishment for failure to surrender?

Answer 17

An offence under s.6(1) or (2) is ‘punishable either on summary conviction or as if it were a criminal contempt of court’ (s. 6(5)). An offender summarily convicted of an offence under s.6 is liable to imprisonment for up to three months and/or a fine of any amount. An offender who is committed to the Crown Court for sentence, or who is dealt with in the Crown Court as if guilty of a criminal contempt, is liable to imprisonment for up to 12 months and/or an unlimited fine.

Question 18

When does the prosecutor have to provide initial details to the court by?

Answer 18

ASAP and no later than the beginning of the day of the first hearing

Question 19

If the accused is on bail, when does the first hearing have to be listed?

Answer 19

If P anticipated a G plea that is likely to be sentenced in mags -> 14 days after charge (or the next available court date thereafter)

All other cases - 28 days after charge (or the next available court date thereafter)

Question 20

If A chooses to provide a defence statement in the mags what is the time limit for doing so?

Answer 20

14 days from the date on which the prosecutor complies or purports to comply with the initial duty of disclosure. The court has power to extend this time-limit on the application of the accused.

Question 21

What is the time-limit for disclosure of unused material?

Answer 21

In the CC: as soon as reasonably practicable after the happening of a particular event, such as service of P case

In the mags must be disclosed at:

(1) hearing at which NG plea entered or
(2) as soon as possible following formal indication from A/rep that NG plea will be entered

Question 22

When does D have to serve its defence statement?

Answer 22

Remember: serving such a statement is voluntary in the mags

• CC: must be served on court + P within 28 days of P initial disclosure (i.e. point in time at which P complies or purports to comply with disclosure under s. 3)
• Mags: served within 14 days of initial disclosure

Question 23

Can you apply to extend the time-limit for service of the defence statement? What rules govern such applications?

Answer 23

Yes

• must be made before expiry of time-limit and include an explanation
• court will not grant unless not reasonable for A to give DS within the original time limit (e.g. D need more time to review P’s initial disclosure)
• No limit to number of applications

Question 24

When must D notify P of witnesses that they intend to call?

Answer 24

• P is notified of alibi witnesses in the DS
• P must be notified of all other witnesses separately
• In mags: within 14 days of P initial disclosure
• In CC: within 28 days of P initial disclosure
• N.B. these time limits are the same as for service of the DS.
• It’s possible to apply for an extension

Question 25

What is the time limit for serving a draft indictment?

Answer 25

• Time limit: within 28 days of the date on which (a) P evidence was served if A was sent to CC under s. 51, or (b) HC consented to preferment of a voluntary bill of indictment (I don’t know what the time limits are for any other methods of ending up in the CC)
• Also no later than 7 days before PTPH
• If counts are added to the indictment, then it should be served more quickly!

P must serve all material required for the PTPH at least 7 days before the PTPH, so it makes sense that P also has to serve the draft indictment by then

Question 26

When can the court exercise the power to amend an indictment and what kinds of amendments can the court make?

Answer 26

Time: Can be exercised before or at any stage of trial (although later = greater risk of causing injustice and less likely to be permitted)

Extent: can be exercised both for (1) formal defects in wording (e.g. element of offence not disclosed; e.g. statute omitted) and (2) substantial defects (e.g. divergences between allegations in the count and evidence served)

Question 27

What is the time limit for objecting to the admission of written statements as evidence?

Answer 27

5 business days from service of a copy of the statement

Question 28

What rules govern the making of an application to treat a witness as hostile?

Answer 28

• Should be made when W first shows unmistakeable signs of hostility (this could be during re-examination if there was previously no sign, although that is likely to be rare)
• The formal application should be made in the absence of the jury
• The judge has an absolute discretion to decide the issue

Question 29

When does notice of intention to rely on hearsay evidence have to be served on the court and the other parties?

Answer 29

• CC – 10 business days after D pleads NG
• Mags – 20 business days after D pleads NG

Question 30

When does an application to oppose the admission of hearsay evidence have to be served?

Answer 30

As soon as reasonably practicable and (ii) not more than 10 business days after the latest of:

1. Service of notice
2. Service of objected evidence
3. D pleads NG

Question 31

How long does the prosecution have to serve a notice to adduce bad character evidence of the defendant if the case is heard in the Mags?

Answer 31

• Not more than 20 business days after D pleads not guilty
• N.B. This is the same time limit that P has to serve a notice of intention to rely on hearsay evidence. So one way to think about it is that from the G plea, P has 20 days (in the mags) to decide whether they want to rely on any hearsay or BCE of D and must then serve notice accordingly.

Question 32

How long does the prosecution have to serve a notice to adduce bad character evidence of the defendant if the case is heard in the CC?

Answer 32

• Not more than 10 business days after D pleads not guilty
• N.B. This is the same time limit that P has to serve a notice of intention to rely on hearsay evidence. So one way to think about it is that from the G plea, P has 10 days (in the CC) to decide whether they want to rely on any hearsay or BCE of D and must then serve notice accordingly.

Question 33

How long does a co-D have to serve a notice to adduce bad character evidence of another defendant?

Answer 33

As soon as reasonably practicable, but no later than 10 days after P discloses material on which notice is based (this applies in the Mags and in the CC)

Question 34

How long does a party have to serve an application to adduce bad character evidence of a non-defendant?

Answer 34

As soon as reasonably practicable, but no later than 10 business days after P discloses material on which the application is based (if P is not the applicant - I assume this means that the prosecution has to do it asap).

N.B. this applies in the Mags and CC

Question 35

How long do parties have to object to BCE notices/applications?

Answer 35

10 business days after application/notice is served

Question 36

How much time must parties have to object to a BCE notice/app before the judge can determine it?

Answer 36

In the case of a notice, it must ensure that all parties other than the applicant:

(1) are present or
(2) have had reasonable opportunity to respond

In the case of an application, it must ensure that all parties other than the applicant:

(1) are present or
(2) have had at least 10 business days in which to serve notice of objection

Question 37

How much notice should be given of a notice to request an indication of sentence in complicated cases?

Answer 37

Not unless issues between P and D have been addressed and resolved.

Not less than 7 days’ notice (in writing).

Question 38

What is the maximum period that a court can specify within which the commission of a further offence by the offender would amount to the breach of a conditional discharge?

Answer 38

3 years (precise period to be fixed by the court)

Question 39

What rules govern the length of time over which fines can be paid in installments?

Answer 39

• Normally should be capable of being paid within 12 months
• However max time not 12 months – 2 or 3 years OK
• Exception = corporate Ds, who can have longer times for payment

Question 40

What is the maximum duration of a community order?

Answer 40

3 years

Question 41

What is the maximum and minimum number of hours that O can be ordered to complete unpaid work for? Within what time frame does O have to do this work?

Answer 41

• Between 40 and 300 hours
• If the court imposes a single unpaid work requirement this is always treated as being for a duration of 12 months. Therefore, if A does not complete the number of hours in that time, they are treated as being in breach

Question 42

For hour many hours a day must O be ordered to stay at home under a curfew requirement and what is the maximum length of such a requirement?

Answer 42

• Time (between 2 and 16 hours per day)
• Total period max 2 years

Question 43

What is the maximum period for which an exclusion requirement can run?

Answer 43

2 years

Question 44

How many hours can O be ordered to attend at an attendance centre under an attendance centre requirement?

Answer 44

• Between 12 and 36
• Must not be more than once on any single day or more than 3 hours per occasion

Question 45

What is the maximum custodial sentence (irrespective of the court that the case is being dealt in)?

Answer 45

Statutory offence liable to imprisonment:

• Term of life usually specified in statute - if not, max = 2 years

Common law offence:

• Term “must not be disproportionate” to actual offence committed

Question 46

What are the limits that apply to the Mags powers to imprison and what is the minimum custodial sentence that they can impose?

Answer 46

• Sentence must be at least 5 days
• Single summary offence: 6 months (unless a lower max sentence applies to that offence)
• 2 or more summary offences: 6 months
• 2 or more EW offences: 12 months

Question 47

When can a confiscation order be made?

Answer 47

The confiscation order may be made before sentence.

Alternatively, court may postpone confiscation hearing for up to 2 years from the date of conviction and proceed first to sentence D 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