2010 No. 214
The Criminal Procedure and Investigations Act 1996 (Notification of Intention to Call Defence Witnesses) (Time Limits) Regulations 2010
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 12 and 77(2) of the Criminal Procedure and Investigations Act 19961, makes the following Regulations:
Citation, commencement, extent and interpretation1
1
These Regulations—
a
may be cited as the Criminal Procedure and Investigations Act 1996 (Notification of Intention to Call Defence Witnesses) (Time Limits) Regulations 2010;
b
come into force on 1st May 2010; and
c
extend to England and Wales only.
2
In these Regulations, “the Act” means the Criminal Procedure and Investigations Act 1996.
Time limits
2
Subject to regulations 3 and 4, the relevant period for section 6C of the Act (notification of intention to call defence witnesses) is the period beginning with the day on which the prosecutor complies, or purports to comply, with section 3 of the Act and ending with the expiration of 14 days from that day (“the relevant period”).
3
1
The court may by order extend (or further extend) the relevant period by so many days as the court specifies.
2
The court may only make such an order—
a
on an application by the accused; and
b
if it is satisfied that it would be unreasonable to require the accused to give notice under section 6C of the Act within the relevant period.
3
Such an application must—
a
be made within the relevant period;
b
specify the grounds on which it is made; and
c
state the number of days by which the accused wishes the relevant period to be extended.
4
There is no limit on the number of applications that may be made under paragraph (2).
4
1
Where the relevant period would expire on any of the days specified in paragraph (2), the relevant period is treated as expiring on the next day that is not one of those days.
2
The days referred to in paragraph (1) are Saturday, Sunday, Christmas Day, Good Friday and any day that under the Banking and Financial Dealings Act 19712 is a bank holiday in England and Wales.
Signed by the authority of the Secretary of State
(This note is not part of the Regulations)