77 Committal for trial: date of trial.E+W
(1)Crown Court Rules shall prescribe the minimum and the maximum period which may elapse between a person’s committal for trial [F1or the giving of a notice of transfer under [F2a relevant transfer provision]] and the beginning of the trial; and such rules may make different provision for different places of trial and for other different circumstances.
(2)The trial of a person committed by a magistates’ court [F3or in respect of whom a notice of transfer under a relevant transfer provision has been given]—
(a)shall not begin until the prescribed minimum period has expired except with his consent and the consent of the prosecutor;and
(b)shall not begin later than the expiry of the prescribed maximum period unless a judge of the Crown Court otherwise orders.
(3)For the purposes of this section the prescribed minimum and maximum periods shall begin with the date of committal for trial [F4or of a notice of transfer]and the trial shall be taken to begin when the defendant is arraigned.
[F5(4)In this section “relevant transfer provision” means—
(a)section 4 of the Criminal Justice Act 1987, or
(b)section 53 of the Criminal Justice Act 1991.]
Textual Amendments
F1Words inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 11
F2Words in s. 77(1) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 18(a) (by words at the end of para. 18 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A
F3Words in s. 77(2) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 18(b) (by words at the end of para. 18 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A
F4Words in s. 77(3) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 18(c) (by words at the end of para. 18 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A
F5S. 77(4) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 18(d) (by words at the end of para. 18 it is provided that amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A