Statutory Instruments
2021 No. 91
Criminal Law, England And Wales
The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2021
Made
27th January 2021
Laid before Parliament
29th January 2021
Coming into force
19th February 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22(1), 22(2) and 29(2) of the Prosecution of Offences Act 1985( 1 ).
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2021 and come into force on 19th February 2021.
(2) In these Regulations—
“the 1987 Regulations” means the Prosecution of Offences (Custody Time Limits) Regulations 1987 ( 2 );
“the 2020 Regulations” means the Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020 ( 3 ).
Amendment of the 2020 Regulations
2. —(1) The 2020 Regulations are amended as follows.
(2) After regulation 1 (citation, commencement, expiry and interpretation) insert—
“ 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. ”
(3) At the beginning of paragraph (2) of regulation 3 (transitional and saving provisions) insert “Subject to regulation 1A (exclusion of accused persons under 18 years of age),”.
Transitional provision
3. The amendments made by regulation 2 (amendment of the 2020 Regulations) apply to an accused subject to a custody time limit provided in regulation 5 of the 1987 Regulations who is or was in custody for the first time in relation to an offence on or after the date on which the 2020 Regulations came into force and who was under 18 years of age when in custody for the first time in relation to that offence.
Robert Buckland
Secretary of State
Ministry of Justice
27th January 2021
1985 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) .
S.I. 1987/299 ; regulation 5 was amended by section 71(4)(c) and Schedule 5, paragraph 2 of the Criminal Procedure and Investigations Act 1996 (c. 25) ; relevant amending instruments are S.I. 1989/767 , 1991/1515 , 2000/3284 , 2012/1344 , 2020/953 .