The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020

Made: 4th September 2020

Laid before Parliament: 7th September 2020

Coming into force: 28th September 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22(1) and (2) and 29(2) of the Prosecution of Offences Act 1985 .

Citation, commencement, expiry and interpretation

1

• (1) These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020 and come into force on 28th September 2020.

• (2) Subject to regulation 3(2), these Regulations cease to have effect on 28th June 2021.

• (3) In these Regulations, “the 1987 Regulations” means the Prosecution of Offences (Custody Time Limits) Regulations 1987 .

Amendment of the 1987 Regulations

2

Regulation 5 (custody time limits in the Crown Court) of the 1987 Regulations is amended as follows—

• (a) in paragraph (3), for “112 days” substitute “ 168 days ”;

• (b) in paragraph (6B), for “182 days” substitute “ 238 days ”.

Transitional and saving provisions

3

• (1) These Regulations do not apply to an accused who is in custody in relation to an offence and subject to a custody time limit provided in regulation 5 of the 1987 Regulations before the coming into force of these Regulations.

• (2) Subject to regulation 1A (exclusion of accused persons under 18 years of age), the amendments made by these Regulations to the 1987 Regulations continue to have effect in relation to an accused who is in custody for the first time in relation to an offence, on or after the coming into force of these Regulations but before the date in regulation 1(2), where the applicable time limit in regulation 5 of the 1987 Regulations expires on or after the date in regulation 1(2).

Signed

Robert Buckland — Lord Chancellor — 2020-09-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1985 c. 23; section 22(2) was amended by section 43(1) of the Crime and Disorder Act 1998 (c. 37). Section 29(2) was amended by Schedule 7, Part 1, paragraph 8(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

[^f00002]: S.I. 1987/299; regulation 5 was amended by section 71(4)(c) of the Criminal Procedure and Investigations Act 1996 (c. 25); relevant amending instruments are S.I. 2000/3284 and 2012/1344.

Editorial notes

[^c24287661]: 1985 c. 23; section 22(2) was amended by section 43(1) of the Crime and Disorder Act 1998 (c. 37). Section 29(2) was amended by Schedule 7, Part 1, paragraph 8(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

[^c24287671]: S.I. 1987/299; regulation 5 was amended by section 71(4)(c) of the Criminal Procedure and Investigations Act 1996 (c. 25); relevant amending instruments are S.I. 2000/3284 and 2012/1344.

[^key-11309f983a764c66d66eb4bdf229a8ef]: Reg. 1 in force at 28.9.2020, see reg. 1(1)

[^key-2a94fcdda52c8c91152255d2ae45f737]: Reg. 2 in force at 28.9.2020, see reg. 1(1)

[^key-42d8f4c7ce9927ae5cbcde3ddbdcb2a7]: Reg. 3 in force at 28.9.2020, see reg. 1(1)

[^key-a1ebf63c90c0da7024db3a1a1983e432]: Reg. 1A inserted (19.2.2021) by The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/91), regs. 1(1), 2(2) (with reg. 3)

[^key-95abd8ddc64631454c63fb340fc9fe60]: Words in reg. 3(2) inserted (19.2.2021) by The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/91), regs. 1(1), 2(3) (with reg. 3)

Exclusion of accused persons under 18 years of age

1A

These Regulations do not apply to an accused subject to a custody time limit provided in regulation 5 (custody time limits in the Crown Court) of the 1987 Regulations who is under 18 years of age when in custody for the first time in relation to an offence.

Amendment of the 1987 Regulations

Transitional and saving provisions