Part VII Miscellaneous and Supplementary

Remand

C1128AF1 Remands in custody for more than eight days.

1

The Secretary of State may by order made by statutory instrument provide that this section shall have effect—

a

in an area specified in the order; or

b

in proceedings of a description so specified,

in relation to any accused person (“the accused”) F2. . ..

2

A magistrates’ court may remand the accused in custody for a period exceeding 8 clear days if—

a

it has previously remanded him in custody for the same offence; and

b

he is before the court,

but only if, after affording the parties an opportunity to make representations, it has set a date on which it expects that it will be possible for the next stage in the proceedings, other than a hearing relating to a further remand in custody or on bail, to take place, and only—

i

for a period ending not later than that date; or

ii

for a period of 28 clear days,

whichever is the less.

3

Nothing in this section affects the right of the accused to apply for bail during the period of the remand.

4

A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House.