These Regulations are made in exercise of the powers conferred by sections 22(1), 22(2) and 29(2) of the Prosecution of Offences Act 1985 (c. 23) (“the 1985 Act”). The purpose of these Regulations is to exclude accused persons under 18 years of age from the increase in custody time limits, for those awaiting trial in the Crown Court, provided for by the Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/953) (“the 2020 Regulations”).

Regulation 2(2) amends the 2020 Regulations so that the increase in custody time limits does not apply to accused persons who are subject to a custody time limit under regulation 5 of the Prosecution of Offences (Custody Time Limits) Regulations 1987 (S.I. 1987/299) and are under 18 years of age when in custody for the first time in relation to an offence. Regulation 2(3) amends regulation 3(2) of the 2020 Regulations to disapply this provision in respect of those accused persons subject to the new regulation 1A.

Regulation 3 is a transitional provision which sets out that the amendments of the 2020 Regulations made by regulation 2 apply to all accused persons under 18 years of age who are or were in custody for the first time in relation to an offence on or after 28th September 2020, the date on which the 2020 Regulations came into force. Regulation 3 is based on the exercise of the power conferred by section 22(2)(e) of the 1985 Act.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.