TimeLines NEW Flashcards
Preliminaries to Prosecution Summary offenses
6 months of the commission of the offence unless the statue creating the offence provides otherwise
Preliminaries to Prosecution Eitherway Offences
Either way offences there is not time limit unless the statue created the offence provides for one
Detention of suspects without a charge
Summary offence, 24 hours form arrival at the police station
Detention of suspects indictable only or either way
Beyond 24 hours, total 36 hours may be authorized by an officer of a super intendant of above, 96 hours authorized by magistrates court.
Bail length or remand in custody
Remand cannot exceed 8 clear days
- defendant can consent to being remand in their absence if legally represented.
- can be remanded in their absence on no more than three occasions.
- D has to appear in court once a month
Prosecution Appeal against the Grant of Bail
The appeal the form of a re hearing will be heard within 48 hours excluding weekends and public holidays. Within two days
- D arrested for breach of bail must be brought in front of the magistrates within 24 hours
Custody Time Limits
Prosecution may apply before the expiry of of the time limit for an extension if they can show there is good and sufficient cause for an extension and they have concluded the case with due diligence and expedition
Custody Time Limits Summary Offences