CRIMINAL LITIGATION, EVIDENCE AND

SENTENCING
UNIT 4 – CUSTODY TIME LIMITS CHART

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 CUSTODY TIME LIMITS IN THE MAGISTRATES’ COURT
(BCP 2024 D15.7-D15.9 AND D15.18)
THE PROSECUTION OF OFFENCES (CUSTODY TIME LIMITS) REGULATIONS 1987
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First appearance in the magistrates’ court

case the time limit is reduced to 56 days.

summarily is taken within 56 days in which
UNLESS the decision to try the case
from first appearance to trial is 70 days
For triable either way offences the time limit
is 56 days
time limit from first appearance to trial
For summary only offences the custody

Summary only Triable either

way (e/w)

Plea Plea before venue

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Once a custody time-limit is not extended and expires, the custody time-limit regime ceases to
operate and will not apply to any further period of remand (R (Jabbar) v Sheffield Crown Court [2022]
EWHC 516 (Admin))
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 Where an accused has been sent for trial under
s.51 CDA 1998 the maximum period between sending

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and the start of the trial is 182 days. HOWEVER from
this maximum any period of custody in the
magistrates court must be deducted.
sending
Method of “committal” of offences being tried on indictment

S.51
CUSTODY TIME LIMITS IN THE CROWN COURT
Not guilty plea and

Not guilty
of Appeal

plea
allocation

by Court
directed
Retrial

Crown Court trial

Summary trial

indictment
Voluntary

Plea and Trial

Preparation
Hearing
bill of
Not guilty
plea

transfer

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Notice

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of
Where an accused arrives in the Crown Court by way of
notice of transfer, voluntary bill of indictment or after a
retrial is ordered the custody time limit is 112 days
between “committal” / preferment and the start of the
trial.