The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1988

Statutory Instruments

1988 No. 164

CRIMINAL LAW, ENGLAND AND WALES

The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1988

Made

8th February 1988

Laid before Parliament

15th February 1988

Coming into force

1st April 1988

In exercise of the powers conferred on me by sections 22(1) and (2) and 29(2) of the Prosecution of Offences Act 1985(1), I hereby make the following Regulations:

1.—(1) These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.

(2) In these Regulations“the principal regulations” means the Prosecution of Offences (Custody Time Limits) Regulations 1987(2).

2.—(1) In paragraph (2) of regulation 3 of the principal regulations (application) at the end of the list of counties there shall be inserted the following—

“Cheshire

Clwyd

Cornwall

Devon

Dorset

Dyfed

Gloucestershire

Greater Manchester

Gwent

Gwynedd

Hampshire

Isle of Wight

Mid Glamorgan

Powys

South Glamorgan

West Glamorgan

Wiltshire”.

(2) This regulation shall not apply in relation to proceedings for an offence instituted before the date of commencement of these Regulations, except where the accused is committed on or after that date for trial in the Crown Court.

3.—(1) In paragraphs (2)(a) and (4)(a) of regulation 4 of the principal regulations (custody time limits in magistrates' courts) for“98” there shall be substituted in both places“84”.

(2) This regulation shall not apply in relation to proceedings for an offence instituted before the date of commencement of these Regulations.

4.—(1) In paragraph (1) of regulation 5 of the principal regulations (custody time limits in the Crown Court) at the end of the list of places there shall be inserted the following—

“Barnstaple

Bodmin

Bolton

Bournemouth

Caernarfon

Cardiff

Carmarthen

Chester

Coventry

Devizes

Dolgellau

Dorchester

Dudley

Exeter

Gloucester

Haverfordwest

Knutsford

Manchester

Merthyr Tydfil

Mold

Newport (Gwent)

Newport (Isle of Wight)

Plymouth

Portsmouth

Salisbury

Southampton

Swansea

Swindon

Taunton

Warrington

Welshpool

Winchester”.

(2) This regulation shall not apply in relation to a person committed before the date of commencement of these Regulations for trial in the Crown Court or against whom a bill of indictment is preferred before that date under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933(3).

Douglas Hurd

One of Her Majesty’s Principal Secretaries of State

Home Office

8th February 1988

Explanatory Note

(This note is not part of the Regulations)

Regulation 3 of the Prosecution of Offences (Custody Time Limits) Regulations 1987 (the“principal regulations”) restricts the application of the regulations to proceedings instituted in certain counties (namely, Avon, Kent, Somerset and West Midlands); and regulation 5 restricts the application of the provisions dealing with custody time limits in the Crown Court to certain Crown Court centres (namely, Birmingham, Bristol and Maidstone). Those regulations are amended so as to include Greater Manchester and all the counties in the Wales and Chester and Western circuits and all the Crown Court centres in those areas and West Midlands.

Regulation 4 is amended so as to reduce the custody time limit in magistrates' courts in relation to proceedings commenced in the West Midlands from 98 days to 84 days.

The amendments take effect on 1st April 1988.

(1)

1985 c. 23.

(2)

S.I. 1987/299.

(3)

1933 c. 36; section 2(2)(b) was amended by the Supreme Court Act 1981 (c. 54), Schedule 5, and by the Prosecution of Offences Act 1985 (c. 23), Schedule 2.