The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011

• Citation: S.I. 2011/209
• Sections: 4

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations—

(a) may be cited as the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011;

(b) come into force on 28th February 2011; and

(c) extend to England and Wales only.

(2) In these Regulations, a reference to a section or Part is a reference to a section or Part of the Criminal Procedure and Investigations Act 1996.

Section 2 Prescribed period for disclosure by the accused

(1) The relevant period for section 5 (compulsory disclosure), section 6 (voluntary disclosure) and section 6C (notification of intention to call defence witnesses) begins with the day on which the prosecutor complies or purports to comply with section 3 (initial duty of the prosecutor to disclose) .

(2) In a case where Part 1 applies by virtue of section 1(1) (application of Part 1 in respect of summary proceedings), the relevant period for section 6 and section 6C expires at the end of 14 days beginning with the first day of the relevant period.

(3) In a case where Part 1 applies by virtue of section 1(2) (application of Part 1 in respect of Crown Court proceedings) , the relevant period for section 5 and section 6C expires at the end of 28 days beginning with the first day of the relevant period.

(4) Where the relevant period would expire on a Saturday, Sunday, Christmas Day, Good Friday or any day that under the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales, the relevant period is treated as expiring on the next day that is not one of those days.

(5) Paragraphs (2) and (3) are subject to regulation 3.

Section 3 Power to extend

(1) The court may by order extend (or further extend) the relevant period by so many days as it specifies.

(2) The court may only make such an order—

(a) on an application by the accused; and

(b) if it is satisfied that it would be unreasonable to require the accused to give a defence statement under section 5 or section 6, or give notice under section 6C, as the case may be, within the relevant period.

(3) Such an application must—

(a) be made within the relevant period;

(b) specify the grounds on which it is made; and

(c) state the number of days by which the accused wishes the relevant period to be extended.

(4) There is no limit on the number of applications that may be made under paragraph (2)(a).

Section 4 Revocation

The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997 and the Criminal Procedure and Investigations Act 1996 (Notification of Intention to Call Defence Witnesses) (Time Limits) Regulations 2010 are revoked, but that revocation shall not have effect in relation to a case to which Part 1 applies before the coming into force of these Regulations.