![]() Although the Regulations provide that the time limit is 70 days, but 56 days if allocation is dealt with before the end of the 56th day is reached, the CPS treats all either way offences as having an initial 56 day time limit in the magistrates' court this has been shown to avoid failures. ![]() Either way Offences – the CTL is monitored as 56 days. ![]() CTLs for summary only offences are not monitored in the Crown Court. ![]() These cases must be progressed with particular urgency. Prosecutors should note this is an extremely short time limit to get the police to prepare and dispatch a case to the CPS and for the CPS to review and prepare it for service to the defence. Summary only Offences - the time limit is 56 days, unless extended by a court.The CTL Regulations apply to summary only offences and either way offences to be tried in the magistrates' court also to indictable offences sent to the Crown Court (indictable only and either way), to voluntary bills and to fresh indictments following an order for a retrial made by the Court of Appeal (see below) The CTL will continue to run during any period when a defendant is also serving a custodial sentence for another offence ( R v Peterborough Crown Court, ex p. Where a defendant who was granted bail is subsequently re-remanded, the day when she/he is remanded is counted when re-calculating the CTL expiry date this is because the day of the re-remand is not the initial remand after charge. Where a defendant is granted bail following a remand in custody, the day of the court hearing (the last day in custody) before release is counted as a whole day when calculating the CTL expiry date, regardless of the time of the hearing (e.g. Note: Remember that this discount only applies to the first remand. The CTL calculator and CTL Ready Reckoner take account of this in their calculations. Each charge attracts its own CTL (see R v Wirral District Magistrates Court, ex parte Meikle Crim L R 801) and Archbold Chapter 1.Ī CTL begins at the court appearance when the defendant was first remanded but the day of that court appearance does not count towards the CTL period ( Regulation 2(2)). The Commencement of a CTLĬTLs apply to each and every charge and not the offender. The whole of s.22A and s.22B may also be disregarded. Care should be taken not to apply those parts of s.22 to CTLs: namely s.22(4), s.22(6), and s.22(6A) and references to directions under 6A. Note: Section 22 contains many references to Overall Time Limits which were piloted but not implemented after evaluation. The Act and Regulations apply to the preliminary stages of criminal proceedings (s.22(11) of the Act). Currently, the Criminal Procedure Rules (October 2015) (and as amended).Prosecution of Offences (CTL) Regulations 1987, as amended ("the Regulations").Section 22 of the Prosecution of Offences Act 1985, as amended ("the Act").The law concerning custody time limits is to be found at: The CTL National Standard 2020 for the effective management of prosecuting CTL cases was revised and approved by the Director of Public Prosecutions in January 2020 Custody Time Limits - the legal framework The diligent and expeditious handling of CTL cases is a corporate priority for the CPS. HMCTS HQ has assured the CPS that copies have been circulated to every member of the judiciary Prosecutors should be familiar with it: it may assist with arguments in support of a CTL extension. This Protocol incorporates references to the Lord Chief Justice’s Practice Direction on Listing. The Protocol for the effective handling of Custody Time Limit cases in the magistrates' court and the Crown Court between HM Courts and Tribunal Service and the Crown Prosecution Service helps reduce monitoring errors and ensures cases are finalised before CTL expiry dates. The legal burden of monitoring and complying with CTLs rests on the prosecution. The Act and Regulations governing CTL require the prosecution to progress cases to trial diligently and expeditiously. Applications to Extend Custody Time LimitĬustody Time Limits (CTL) safeguard unconvicted defendants by preventing them from being held in pre-trial custody for an excessive period of time.Dealing with pleas to some Counts ("Mixed Pleas").Adding and Amending Charges when a CTL Applies.Custody Time Limits - the legal framework.
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