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Statutory Instruments

2020 No. 953

Criminal Law, England And Wales

The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020

Made

4th September 2020

Laid before Parliament

7th September 2020

Coming into force

28th September 2020

M1 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22(1) and (2) and 29(2) of the Prosecution of Offences Act 1985 .

Citation, commencement, expiry and interpretation I1

1. —(1) These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020 and come into force on 28th September 2020.

(2) Subject to regulation 3(2), these Regulations cease to have effect on 28th June 2021.

M2 (3) In these Regulations, “ the 1987 Regulations ” means the Prosecution of Offences (Custody Time Limits) Regulations 1987 .

[F1 Exclusion of accused persons under 18 years of age

1A. These Regulations do not apply to an accused subject to a custody time limit provided in regulation 5 (custody time limits in the Crown Court) of the 1987 Regulations who is under 18 years of age when in custody for the first time in relation to an offence. F1]

Amendment of the 1987 Regulations I2

2.Regulation 5 (custody time limits in the Crown Court) of the 1987 Regulations is amended as follows—

(a) in paragraph (3), for “112 days” substitute “ 168 days ” ;

(b) in paragraph (6B), for “182 days” substitute “ 238 days ” .

Transitional and saving provisions I3

3. —(1) These Regulations do not apply to an accused who is in custody in relation to an offence and subject to a custody time limit provided in regulation 5 of the 1987 Regulations before the coming into force of these Regulations.

(2)[F2 Subject to regulation 1A (exclusion of accused persons under 18 years of age), F2] the amendments made by these Regulations to the 1987 Regulations continue to have effect in relation to an accused who is in custody for the first time in relation to an offence, on or after the coming into force of these Regulations but before the date in regulation 1(2), where the applicable time limit in regulation 5 of the 1987 Regulations expires on or after the date in regulation 1(2).

Robert Buckland

Lord Chancellor

Ministry of Justice

Status: There are currently no known outstanding effects for the The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020.
The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020 (2020/953)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Reg. 1A inserted (19.2.2021) by The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/91) , regs. 1(1) , 2(2) (with reg. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F2Words in reg. 3(2) inserted (19.2.2021) by The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/91) , regs. 1(1) , 2(3) (with reg. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
I1Reg. 1 in force at 28.9.2020, see reg. 1(1)
I2Reg. 2 in force at 28.9.2020, see reg. 1(1)
I3Reg. 3 in force at 28.9.2020, see reg. 1(1)
M11985 c. 23 ; section 22(2) was amended by section 43(1) of the Crime and Disorder Act 1998 (c. 37) . Section 29(2) was amended by Schedule 7, Part 1, paragraph 8(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) .
M2S.I. 1987/299 ; regulation 5 was amended by section 71(4)(c) of the Criminal Procedure and Investigations Act 1996 (c. 25) ; relevant amending instruments are S.I. 2000/3284 and 2012/1344.
Defined TermSection/ArticleIDScope of Application
the 1987 Regulationsreg. 1.legTermLGMEcOkN
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.