Custody time limits
Custody time limits

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Custody time limits
  • The effect of expiry of the custody time limits
  • When an application should be made to extend custody time limits
  • Criteria for extending the custody time limits
  • Good and sufficient cause
  • Due expedition
  • Assessing whether lack of safe court space during the pandemic is a ‘sufficient’ cause
  • Procedure for applying to extend the custody time limits

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020, SI 2020/953, in force between 28 September 2020 and 28 June 2021, make temporary amendments to the Prosecution of Offences (Custody Time Limits) Regulations 1987, SI 1987/299 by extending the custody time limits (CTL) which apply when a defendant (who over the age of 18) is committed for trial on an either way case (from 112 days to 168 days) or sent directly to the Crown Court (from 182 days to 238 days). This is designed to increase the time defendants can be kept in custody while awaiting trial in the Crown Court to enable the courts to deal with the backlog of trials which has developed in light of the coronavirus pandemic. In addition, practitioners should also be aware of the list of factors which courts should consider when dealing with applications for extensions of CLTs caused by the lack of safe available courts space for trial contained in R (on the application of Director of Public Prosecutions) v Crown Court at Woolwich; Lucima v Central Criminal Court and explained below. See News Analysis: Applications to extend custody time limits (CTLs) during the coronavirus pandemic (R (on the application of Director of Public Prosecutions) v

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