Timings/Procedures

Question 1

When must a PTPH take place?

Answer 1

If a case is sent to the Crown Court for trial, a PTPH takes place 28 days after sending
- within 28 days of first hearing in magistrates’ court
- PTPH - only in CC

Question 2

Bail procedure in magistrates court

Answer 2

• First hearing in magistrates court: D makes application for bail
• Defendant can make a second application 7 days later (in magistrates court)
• Defendant can then make one last (third application) to the Crown Court

Question 3

What are the custody time limits?

Answer 3

• 56 days for trials in magistrates’ court
• 182 days for trials in Crown Court, less any days spent in custody prior to the case being sent to the crown court

Question 4

First and onward remand in magistrates court

Answer 4

• first remand must be for no more than 8 clear days
• after second appearance, defendant must be brought back to court every 28 days

Question 5

Timing of first hearing when defendant is on bail

Answer 5

• 14 days of being charged if anticipate a guilty plea which is sentenced in magistrates court
• 28 days of being charged if anticipate a not guilty plea or case likely to go to crown court

Question 6

Defence disclosure time limits

Answer 6

• 28 days after prosecution complies with initial duty of disclosure in Crown Court - defence statement is compulsory
• 10 business days after prosecution complies with initial duty of disclose in magistrates court - defence statement is not compulsory
• failure to serve defence statement means defence cannot make an application for specific disclosure

Question 7

Defence notice of intention to call witnesses

Answer 7

Defence must give notice within 10 business days in MC and 28 days in CC

Question 8

Evidence must be served within

Answer 8

• 50 days - D is in custody
• 70 days - D is on bail

Question 9

Prosecution must serve of notice of hearsay

Answer 9

• 20 business days after not guilty plea in magistrates court; or
• 10 business days after not guilty plea in Crown Court

Defence must serve as soon as reasonably practicable

Question 10

Opposing introduction of hearsay

Answer 10

The party objecting to introduction must serve application on court and every other party as soon as reasonably practicable, and in any event, not more than 10 business days

Question 11

Appeal from Magistrates Court to Crown Court

Answer 11

Notice of appeal must be lodged within 15 business days of sentence (not conviction)

Question 12

Appeal by way of case stated to the High Court

Answer 12

Deadline is 21 days from date of decision sought to be appealed

Question 13

Appeal from Crown Court to Court of Appeal

Answer 13

Within 28 days of conviction or sentence (whichever the appeal is sought against)

Question 14

What can the prosecution do up to 24 hours before the PTPH in Crown Court?

Answer 14

Serve the case sent bundle

Question 15

What is the maximum time a suspect can be held in custody without charge?

Answer 15

24 hours

• time starts from arrival at police station
• suspect must be charged or released within 24 hours

Question 16

What is the power to extend beyond 24 hours max?

Answer 16

Power to extend by 12 hours
- indictable offence
- authorised by superintendent
- reasonable grounds

This would take detention to 36 hours

Question 17

Powers to extend beyond 36 hours

Answer 17

Warrant of further detention which is applied to at Magistrates Court

Maximum period of 96 hours

Question 18

Reviews of detention time limits

Answer 18

First review takes place not more than 6 hours after suspect’s detention was first authorised by custody officer
- then periodically ever 9 hours after that