The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1989

• Citation: S.I. 1989/767
• Sections: 5

Section 1

(1) These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1989.

(2) In these Regulations “the principal regulations” means the Prosecution of Offences (Custody Time Limits) Regulations 1987 and references to a notice of transfer are references to a notice given under section 4 of the Criminal Justice Act 1987 .

(3) These Regulations shall come into force on 1st June 1989, but–

(a) regulations 2 and 4(a) shall not apply in relation to proceedings for an offence instituted before that date except where–

(i) the accused is committed for trial in the Crown Court, or

(ii) notice of transfer is given in respect of the case, or

(iii) a bill of indictment is preferred against the accused under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 ,

on or after that date; and

(b) regulations 3 and 4(b) shall not apply in relation to proceedings for an offence instituted before that date.

Section 2

In paragraph (2) of regulation 3 of the principal regulations (application) at the end of the list of counties there shall be inserted the following–

Section 3

Regulation 4 of the principal regulations (custody time limits in magistrates' courts) shall be amended as follows:

(a) in paragraphs (2) and (4) for the words following “shall be” in each paragraph there shall be substituted in each place the words “70 days (save that in the case of proceedings instituted in the Birmingham petty sessions area it shall be 84 days).”;

(b) for paragraph (5) the shall be substituted the following paragraph:

(5) The foregoing provisions of this regulation shall have effect as if any reference therein to the time when the court decides whether or not to commit the accused to the Crown Court for trial were a reference–

(a) where a court proceeds to inquire into an information as examining justices in pursuance of section 6(1) of the 1980 Act, to the time when it begins to hear evidence for the prosecution at the inquiry;

(b) where a notice has been given under section 4(1)(c) of the Criminal Justice Act 1987 (in these Regulations referred to as a “notice of transfer”), to the date on which notice of transfer was given.

Section 4

Regulation 5 of the principal regulations (custody time limits in the Crown Court) shall be amended as follows:

(a) at the end of the list of places there shall be inserted the following–

and the entry therein for Bodmin shall be omitted;

(b) after paragraph (6) there shall be inserted the following paragraph–

(6A) The foregoing provisions of this regulation shall have effect, where notice of transfer is given in respect of a case, as if references to committal for trial and to offences for which a person was or was not committed for trial included references to the giving of notice of transfer and to charges contained or not contained in the notice of transfer.

Section 5

Regulation 7(2) of the principal regulations (application for extension of custody time limits) shall be amended as follows:

(a) for the words “the appropriate officer of the Crown Court” there shall be substituted the words “the proper officer of the court”;

(b) there shall be inserted after that paragraph the following paragraph:

(2A) In paragraph (2) above, “the proper officer of the court” means in relation to an application in the Crown Court the appropriate officer of the court and in relation to an application in a magistrates' court the clerk of the court.