The Prosecution of Offences (Custody Time Limits) Regulations 1987

Bail on expiry of Crown Court custody time limit

6.—(1) Subject to the following provisions of this Regulation where an accused who is in custody pending trial in the Crown Court has the benefit of a custody time limit under Regulation 5 above the prosecution shall –

(a) not less than 5 days before the expiry of the time limit give notice in writing to the appropriate officer of the Crown Court and to the accused or his representative stating whether or not it intends to ask the Crown Court to impose conditions on the grant of bail in respect of the accused and, if it intends to do so, the nature of the conditions to be sought; and

(b) make arrangements for the accused to be brought before the Crown Court within the period of 2 days preceding the expiry of the time limit.

(2) If the Crown Court is satisfied that it is not practicable in all the circumstances for the prosecution to comply with sub-paragraph (a) in paragraph (1) above, the Crown Court may direct that the prosecution need not comply with that sub-paragraph or that the minimum period of notice required by that sub-paragraph shall be such lesser minimum period as the Crown Court may specify.

(3) The prosecution need not comply with paragraph (1)(a) above if it has given notice under Regulation 7(2) below of its intention to make an application under section 22(3) of the 1985 Act.

(4) On receiving notice under paragraph (1)(a) above stating that the prosecution intends to ask the Crown Court to impose conditions on the grant of bail, the accused or his representative shall –

(a) give notice in writing to the appropriate officer of the Crown Court and to the prosecution that the accused wishes to be represented at the hearing of the application; or

(b) give notice in writing to the appropriate officer and to the prosecution stating that the accused does not oppose the application; or

(c) give to the appropriate officer, for the consideration of the Crown Court, a written statement of the accused’s reasons for opposing the application, at the same time sending a copy of the statement to the prosecution.

(5) The Crown Court may direct that the prosecution need not comply with paragraph (1)(b) above.

(6) The Crown Court, on being notified that an accused who is in custody pending trial there has the benefit of a custody time limit under Regulation 5 above and that the time limit is about to expire, shall grant him bail in accordance with the Bail Act 1976(1), as from the expiry of the time limit, subject to a duty to appear before the Crown Court for trial.

(1)

1976 c. 63.