![]() ![]() 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 between the CPS and HM Courts and Tribunal Service (HMCTS) for the effective handling of CTL cases 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. The Protocol will be reviewed monthly by the SPJ who will determine when it will cease.Ĭoronavirus Crisis Protocol for the effective handling of Custody Time Limit cases in the Magistrates’ and the Crown Court, Between the Senior Presiding Judge (SPJ), HM Courts & Tribunals Service and the Crown Prosecution Service (PDF document, 531kb) PrincipleĬustody Time Limits (CTL) safeguard unconvicted defendants by preventing them from being held in pre-trial custody for an excessive period of time. Unless stated otherwise this protocol applies to both magistrates’ courts and Crown Court cases. It does not create legal obligations or restrictions on (any) party. The purpose of this Protocol is to set a temporary framework during the Coronavirus pandemic for the efficient and expeditious handling of cases that involve a Custody Time Limit (CTL). The scale and seriousness of the situation presents significant difficulties to the criminal court process and means it cannot operate in the way it does normally. The Covid-19 outbreak presents an unprecedented challenge for the Criminal Justice System in England and Wales.
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