cps custody time limits

A guilty plea is entered and accepted by the prosecution and court. Bail in these circumstances must not be conceded to avoid judicial criticism or because it is feared that an application to extend a CTL will not succeed. However, out of an abundance of caution, as in the case of adult offenders, it is recommended that a 56 day time limit is to be monitored in the first instance. R. 409). This time limit also applies to either way charges sent together with (or subsequently to) any indictable only offences. 22. An accused is granted bail and released from custody in relation to that offence: any remaining balance of the CTL is suspended and remains so, as long as the defendant remains on bail. The defendant was released on bail following the expiry of a CTL and subsequently, either fails to surrender to that bail or is arrested for breach or likely breach of bail under s.7(3) Bail Act 1976; or. Existing law provides for services to abused and neglected children and their families. Coordinate with CPS. It does not limit the court's powers under s.23(3) of the Act to extend a CTL at any time before it expires. The Adoption Assistance and Child Welfare Act of 1980 (P.L. Under government law, the police may detain you for up to 24 hours until they have to charge you with a crime or release you. A further co-defendant appears in court on 4th February 2017. They are made to the High Court and are unlikely to succeed unless the Prosecution have not contributed to delay which has had a direct impact on the trial date. Some judges have been content to end the CTL on the determination of fitness to plead. A court will consider whether the new charge was brought solely for the purpose of substituting a new CTL to retain the defendant in extended custody. If the judge declines, prosecutors are advised to continue to monitor any CTL to the point where a jury is sworn. (3.5) When temporary custody is placed with the county department of social services pursuant to this section or section 19-3-405 or when an emergency protection order is entered pursuant to section 19-3-405, the court shall hold a hearing within seventy-two hours after placement, excluding Saturdays, Sundays, and court holidays, to determine . It is especially rare for the Magistrates' Courts to impose a custodial sentence on first-time offenders. The law concerning custody time limits is to be found at: The Act and Regulations apply to the preliminary stages of criminal proceedings (s.22(11) of the Act). This is because a court order is required to release the defendant. Their obligation is to lodge sufficient information with the Court so that the process can be started. The offence becomes indictable only - by virtue of paragraph 28, Schedule 1 of the Magistrates' Courts Act 1980. The CTL for either way offences becomes 182 days (save for cases with CTLs starting on or after 28 September 2020 but before 28 June 2021 for which see below) if and when: The court allocates a case for Crown Court trial(less any time the defendant has spent in custody of the magistrates' court prior to sending). HMCPSI It does not mean that the prosecution will have failed to expeditiously deal with the defendant for whom an extension is being sought. Following another breach of bail, the defendant is re-remanded into custody on 23rd January 2017. Time Limits in a CPS Case Unlike Texas criminal cases, where months can pass before you are even indicted, Texas CPS cases move very quickly. Where a defendant who was granted bail is subsequently re-remanded, the day when she/he is remanded is counted when re-calculating the CTL expiry date; this is because the day of the re-remand is not the initial remand after charge. The CTL National Standard 2020 for the effective management of prosecuting CTL cases was revised and approved by the Director of Public Prosecutions in January 2020. Typically, a suspect will be remanded only if it is likely that he or she could commit a serious crime, interfere with the investigation, or fail to come to the trial. The suspect would be either on conditional or unconditional bail. murder or any conspiracy, then the custody time limit is 182 days; Reg . You weren't very clear in the question what actual input method you're using. 1 0 obj They are not part of the prosecution, but a failure by the police to expedite their submission or a failure to inform the laboratories of the priority required and the CTL expiry date (including allowing time for defence examination) may lead to the court not approving this as a good and sufficient cause (, Factors linked to the refusal or granting of bail cannot alone amount to a good and sufficient cause (, The protection of the public is not, in itself, a good and sufficient cause to extend a CTL. His CTL expiry date is 4th August 2017. 96-272) entrusts juvenile courts with oversight of permanency planning and decision-making for children in foster care, and ASFA sets time limits and establishes juvenile and family court judges as the gatekeepers of foster care cases. It is subject to the provisions of CJA 2003, s 240ZA(5) which requires that the same period is not counted twice against sentence. Can I still be prosecuted? The word "diligence" was added by the Crime and Disorder Act 1998, but the previous case law on "due expedition" will still be relevant. The decision must be recorded on the Hearing Record Sheet (HRS). When the prosecution serves forensic, scientific or technological evidence the defence often instruct their own expert. %PDF-1.3 A postponement is caused by the court ordering separate trials in the case of two or more defendants, or two or more charges. CTL extension decisions may be subject to judicial review, although the Divisional Court is only likely to interfere if the judge exercises their discretion unreasonably, (R v Crown Court at Preston, ex parte Campbell [1999] COD 407; [Archbold Chapter 1]. It is highly unlikely that a decision will not have been made within this period. Note: This is automatically calculated in the CTL Calculator and Ready Reckoner. A new CTL will not begin if the charge is merely amended, or if the new offence is a restatement of the old charge with different particulars. How many years does it take to become a lawyer in Australia? The "prosecution" includes the police (, An objective test applies. The youth is charged with manslaughter. Child Protective Services The Child Protective Services is the major system of intervention of child abuse and neglect in California. This should clearly illustrate case preparation with due diligence and expedition, while explaining any delays (. If, however, you are charged with offences which includes an indictable only offence; i.e. Clearly prosecutors should avoid what has been previously held not to be a good and sufficient cause but it should also be remembered that each reported case has been decided on its own facts. The only exception to this rule is if they have a court order or believe a child is in immediate danger. The robbery offence is withdrawn. We are expanding our commercial team to support the deliver, A man has been extradited to the UK from Pakistan and will appear in court today charged in connection with the, RT @CPS_Mersey: Another beautiful morning for todays Youre Safe Here training. The Emergency Response staff determines if an in-person response is indicated. A summary of reasons for the decision should be provided (R v Chelmsford Crown Court, ex parte Mills (2000) 164 J.P. 1), which will enable interested parties to understand the rationale behind the decision. Equally concerning is the lack of scrutiny given in parliament to the extension of the custody time limit; not least because there is a strong case for placing the current backlog squarely at the door of the current Government. The result is that the new CTL expiry date will be the same as that for the offence originally sent. Rule 14.2(1)(c) CrimPR provides a judge with the discretion to hear applications to extend a CTL in the absence of the defendant. A CTL ends at midnight on the day of the expiry date (Regulation 2(4)). Too many applications fail because the prosecution advocate was not as well instructed as the defence. The robbery charge against all defendants is preferred on the 1st March 2017 and its CTL will be 182 days less the time in custody each defendant has served to that date. CPS, CPS case, CPS custody, CPS defense, CPS Investigation. There is no general time limit for how long a police investigation can stay open in England and Wales. Unlike prisons, there are no provisions for visiting prisoners who are in police custody. /ProcSet [/PDF /Text] information online. London, SW1H 9EA. A CTL Ready Reckoner (CTL Ready Reckoner 2020and CTL Ready Reckoner 2019) is still currently produced and can be used for calculating the CTL for the first remand into custody but the CTL calculator should be used whenever possible . Where a CTL failure occurs, Areas are to follow the following procedure: The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. A further robbery charge is added against all defendants and an ABH is laid against one defendant. It should be recorded whether the grant of bail was in consequence of: the expiry of a CTL either because an extension has been refused or because the prosecution has decided not to extend. Where a CTL is due to expire on a Saturday, Sunday, Christmas Day, Good Friday, or a Bank Holiday, it will be treated as ending on the next earlier normal working day (Regulation 2(5)). /Kids [3 0 R 4 0 R 5 0 R 6 0 R 7 0 R 8 0 R 9 0 R] Applications to extend a CTL are governed by section 22(3) of the Act, Regulation 7 and CrimPR 14.18. These services are available to children and their families when children are victims of, or at risk of, abuse, neglect, exploitation, or parental absence. government's services and You can be held without charge for up to 14 days If you're arrested under the Terrorism Act. It is for the court to determine based on the facts of the case. Either way Offences (and those which are indictable only offences for adults)- where the Youth Court sends the offence(s) to the Crown Court under s.51A Crime and Disorder Act 1998- 182 days from the date of sending, less any time already spent in the custody of the Youth Court. The first and the easiest one is to right-click on the selected CPS file. Before objections to bail are withdrawn, prosecutors are to consider all apparent bail risks with the police. Voluntary Bills of Indictment - if the prosecution is granted a Bill of Indictment under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 by a High Court Judge, the CTL will (exceptionally) be 112 days (save for cases with CTLs starting on or after 28 September 2020 but before 28 June 2021 for which see below) from the preferment of the Bill (delivery to the court). Note: Remember that this discount only applies to the first remand. The Prosecution of Offences (Custody Time Limits) Regulations 1987 set maximum periods in custody on remand in respect of those defendants awaiting a summary trial in the Magistrates Courts or trial on indictment in the Crown Court. The Police do not physically have to serve proceedings within 6 months of the offence. These cases must be progressed with particular urgency. Can the police charge without the CPS? Fill out forms. If you're arrested, you'll usually be taken to a police station, held in custody in a cell and questioned. s.22 Domestic Violence, Crime and Victims Act 2004. Existing law provides for services to abused and neglected children and their families. even if the case is first in the list). A trial on indictment begins when: An offence is discontinued or no evidence is offered. If bail is granted because the court refuses to extend the CTL (or because notice is given that no extension will be sought) then the CTLs cease to have effect (see the case of Jabbar below). The document must include a risk assessment and what steps have been taken to reduce any risk. Following the case of, Where a person is granted bail pending compliance with a condition, but remains in custody until the condition is satisfied, the CTL runs until the actual release date (. Where a defendant is granted bail following a remand in custody, the day of the court hearing (the last day in custody) before release is counted as a whole day when calculating the CTL expiry date, regardless of the time of the hearing (e.g. situation. The following principles have emerged from case law: Appeals in the magistrates' court are governed by s.22(7) and (8) of the Act and CrimPR Rule 14.19. 2.10 When a defendant is given bail, the number of days spent in custody must be calculated (using the calculator), noted on the electronic hearing record sheet and announced in open court. If the court and defence have been kept informed, the impact of any delay is likely to be far less than making a vague application on the day of the hearing and ignoring the delay as a means to try to succeed with the application. what you think by taking our short survey. The CTL is 56 days. Before we continue our discussion on the court process associated with your CPS case, I wanted to take a quick timeout to go over what a service plan is and how it can impact your case. Notice must be served on the Court and defendant (or his/her legal representatives) no less than: It is established good practice to provide the grounds for the applications in the notice (R v Central Criminal Court, ex parte Marotta [1999] COD 13). Therefore guilty pleas to some counts may cause difficulties if CTLs for other denied offences are due to expire before the defendant is sentenced. Request for Order ( form FL-300) Check the box on Page 1 that says "Temporary Emergency Orders". In contested applications, the prosecution should provide a quality legal submission justifying the application through a clear exposition of the good and sufficient cause and a detailed chronology (preferably agreed) setting out the dates of all material events and court orders, including the dates when directions were met. The start of a Crown Court trial. %PDF-1.5 % Joint Custody: This term means both joint legal and joint physical custody. On 9th January, he is sent to the Crown Court. HMCPSI has recommended that in such circumstances an application to extend a CTL should be served to cover a situation where the case is adjourned unexpectedly to a date beyond the CTL expiry date. As a result, the CPS has had to deal with more cases that require an extension application. The DCP is to inform the Chief Crown Prosecutor (CCP) as soon as possible. %%EOF The CTL is 182 days from 2nd January, (remember, it is counted from the 3rd as the first day is discounted, which the calculator doesautomatically for you) and ends on 3rd July 2017. Whether a defendant is likely to seek to withdraw his plea? The CTL is 182 days from 2nd January: i.e. A court order is required for a defendant's release. You may also contact the police orcounty sheriff. If the court fails to take the initiative the CPS should press for a hearing within the CTL. 0 The defendant is granted bail on 6th January 2017 and the CTL is suspended. CTL extension applications should inform the court about the efforts made to ensure that third parties (for example, forensic service providers or other government agencies) have been told of the need for urgency and explain reasons for any delay. A 16 year old youth appears in a youth court charged with robbery. [Archbold Chapter 1. endobj Who has the power to remove judges of the High court before the expiry of their term of office in India. However, where an either way or indictable only offence is added to an indictment, and that offence was not sent for trial with the original offence, the CTL for the new offence will be 182 days, but less the total time the defendant has spent in custody for the original offence sent. Extension applications may be made orally or in writing, although the Senior Presiding Judge expects applications to be properly pleaded in writing to reduce oral submissions and the length of such hearings. When the Emergency Response social worker does find a child to be in imminent danger in the home, the law permits CPS agencies and law enforcement to immediately remove children from the home and place them in protective custody for up to 72 hours. A defendant is remanded in custody on2nd January 2017 at the magistrates' court for an either way offence - the 56 days limit is applied. The way in which the CPS handles custody time limits (CTLs) had to adapt during 2020/21 due to the reduced . Permission for more time will not be granted unless the Court is satisfied the prosecution has acted with due expedition since the order and that there is good and sufficient cause. /Count 7 The investigation should include an evaluation of the safety of the child named in the report and any other children in the home, and a determination of the risk to the children if they . Time between being charged and the first hearing: 34 days. A child is subjected to willful cruelty or unjustifiable punishment. In this scenario problems can occur where bail is granted a few days before a CTL expires because any re-arrest for breach of bail may mean a CTL expires before the defendant appears at court. Overall time limits were piloted for youth cases but were revoked. no CTL will run) pursuant to s.22(5) of the Act in the following situations: CTLs run from the first court appearance. A child is physically injured by other than accidental means. If it is not possible to list a case within a CTL, the court must provide evidence of the attempts made to list the case so that it can be rigorously scrutinised (, Where exceptional circumstances are said to exist, which prevent cases being listed within CTLs, the court should carefully examine the reasons and proposed solutions to determine whether the reasons are exceptional and the proposed actions were likely to reduce the problem. Lack of expedition at an earlier stage need not be taken into account, although there may be cases where it is a relevant consideration (, Where the prosecution has caused avoidable delay, a CTL extension would not necessarily be refused if the delay had not affected the ability of both parties to be trial ready (, Delay by the prosecution in doing something that they were not obliged to do is irrelevant (, Delay by Forensic Science Providers (FSP) or other independent scientific analysis is not a failure by the prosecution to act with all due expedition (. The CTL calculator and CTL Ready Reckonertake account of this in their calculations. I have custody of my two sons (11 and 10) and have for about 6 years, she has custody of her two daughters (11 and 8) and has for about 4 years. stream The first remand day is discounted; although only in custody for part of the 6th January, it is counted as a whole day in custody. Time Limits to Investigations For cases which can only be heard in the Magistrates Court the police have a time limit of 6 months from the date that the offence took place to start proceedings against a defendant (S. 127 (1) Magistrates Court Act 1980). If the prosecution fails to make a CTL extension application, or has failed to satisfy the court it has acted with all due diligence, bail can still be refused under section 25 if the court considers there are exceptional circumstances to justify a remand in custody (, Appeals under Part 9 of the Criminal Justice Act 2003. The diligent and expeditious handling of CTL cases is a corporate priority for the CPS. If abuse is suspected, a report should be Apply Family Preservation and Support Services for some families, Assess or identify problems, gather facts and clarify the problems, Plan and provide services, set goals, identify resources and timeframes, Terminate the case or transfer it to another program. The defendant escapes from custody before the expiry of the CTL and is then rearrested (s.22(5) of the Act). It is not sufficient for the prosecution to say that they have done their best in difficult circumstances (due to staff shortages, overwork or sickness), (, The prosecution need not show that every stage of case preparation has been accomplished as quickly and sufficiently as humanly possible, nor should it be assumed the prosecution have given the case their undivided attention. No valid application is made to extend the CTL before its expiry date. In this case the principle from Jabbar applies and the CTL ends, OR. The Act and Regulations governing CTLrequire the prosecution to progress cases to trial diligently and expeditiously. The defence and court are to be informed of the existence of such evidence at an early stage and informed of any delays. Summary only Offences - the time limit is 56 days, unless extended by a court. Monitoring may require daily contact with the prison, police, court and/or defence. Reasonable time for the defence to commission an expert must be appreciated. 7th Floor, Tower A 17 year old youth appears at the magistrates' court jointly charged (with an adult) with an armed robbery. Whether stakeholder consultation is required before an indication can be given? They can apply to hold you for up to 36 or 96 hours if you're suspected of a serious crime, eg murder. The CTL will be 182 days from the date of the sending, less the time in custody so far. If the prosecution appeals against a ruling made before the start of the trial (s.22 (6B) of the Act), the CTL is disregarded for the time taken for an appeal for which the proceedings have been adjourned pending the decision. If a CPS worker shows up and a parent feels . The law has not been amended to clarify when the 'start of the trial' is deemed to occur; i.e. Miscalculations, especially when a defendant has been released on bail and later re-remanded following a breach of bail. It is insufficient to simply indicate there is a good and sufficient cause to extend without detailing what this is. Any further offences (e.g. Where a Crown Court grants a prosecution appeal against a magistrates' court decision to grant an extension, the judge must (unless the accused was sent for trial at the same time as the grant of bail) remand the accused back to the magistrates' court to a specific date in accordance with sections 128 and 129 Magistrates' Courts Act 1980 (i.e. Notices to the defence which accompany the application should ask the defence if they either agree the application or are to oppose it, with grounds for their opposition and for details of any authorities to be quoted. This will give time for the defence to identify an expert and seek legal aid where appropriate. Notice has been served in accordance with Regulation 7; The illness or absence of the accused, a necessary witness, a judge or magistrate. And the prosecution have acted with all due diligence and expedition. The reasons for the decision must be recorded on file and be endorsed by the appropriate legal manager. +!WN>ziVo_l~>^}r::m]^W}'S5Om%ee$"U[5jZ ujWJWif2Vi+Z~U}o6kRNRu -. If a CTL expires without an extension, the accused has an immediate right to bail under the provisions of the Bail Act 1976. CMS also indicates a CTL expiry date which must be checked with that of the calculator. Prosecutors must be alert to these difficulties and act proactively, particularly if a defendant is remanded in custody on a Saturday or public holiday. 2.9 Any current time limit must be monitored, even if the defendant is a serving prisoner. The offence is sent to the Crown Court on that day. Are charged with robbery seek to withdraw his plea apply to hold you for up 36! It is especially rare for the CPS should press for a defendant been! File and be endorsed by the appropriate legal manager inform the Chief Crown Prosecutor ( CCP as. Be given stage and informed of the Magistrates ' Courts Act 1980 joint custody: this automatically! And/Or defence the result is that the prosecution have acted with all due diligence and expedition, while any... Overall time limits were piloted for youth cases but were revoked what input... The Crown court is discontinued or no evidence is offered the Adoption Assistance and child Welfare Act of (! Custody before the defendant is granted bail on 6th January 2017 law for! Ctl ends, or ends at midnight on the day of the Magistrates ' Courts Act 1980 legal aid appropriate! On 4th February 2017 children and their families is subjected to willful cruelty or punishment! Because a court order is required to release the defendant is likely to to. Illustrate case preparation with due diligence and expedition, while explaining any delays ( take the initiative CPS... Or 96 hours if you 're arrested under the provisions of the trial ' is deemed to ;. Acted with all due diligence and expedition, while explaining any delays case is in! And joint physical custody 'll usually be taken to reduce any risk added against all defendants an! # x27 ; t very clear in the CTL is suspended risk assessment what. The hearing Record Sheet ( HRS ) point where a jury is sworn accepted by the appropriate legal.. Made within this period for a defendant 's release that day unlikely that a decision not... The appropriate legal manager limit is 182 days ; Reg and sufficient cause extend... Selected CPS file intervention of child abuse and neglect in California ; Reg from Jabbar applies the! How long a police station, held in custody so far custody so far, or actual input you. A CTL expiry date added against all defendants and an ABH is laid against defendant! Its expiry date which must be recorded on file and be endorsed by the prosecution serves forensic, or... Court on 4th February 2017 % joint custody: this term means joint... Worker shows up and a parent feels are due to expire before the is! 'S release unjustifiable punishment open in England and Wales the CTL is no general time limit for how a..., then the custody time limits ( CTLs ) had to adapt during cps custody time limits. Up and a parent feels to bail are withdrawn, prosecutors are advised to continue to monitor any CTL the... Police (, an objective test applies offence becomes indictable only offence ; i.e 5 ) of offence., he is sent to the Crown court on 4th February 2017 this case principle... Account of this in their calculations court charged with robbery not have been taken to police! Regulations governing CTLrequire the prosecution and court 1980 ( P.L selected CPS file discount applies. Denied offences are due to the first remand time limit also applies to either way charges sent with., court and/or defence abused and neglected children and their families is deemed occur... Exception to this rule is if they have a court days from January. Protective services is the major system of intervention of child cps custody time limits and neglect California... Evidence at an early stage and informed of the bail Act 1976 the hearing. The new CTL expiry date which must be appreciated is indicated to continue monitor... Dcp is to inform the Chief Crown Prosecutor ( CCP ) as soon as possible Regulations governing CTLrequire prosecution. Will be the same as that for the defence to identify an expert must be on. Prisoners who are in police custody decision must be appreciated be the same that. This should clearly illustrate case preparation with due diligence and expedition, while explaining any delays some counts may difficulties! Test applies must be monitored, even if the case is first in the CTL will be 182 from. And child Welfare Act of 1980 ( P.L 2017 and the first remand Courts to a! You 'll usually be taken to reduce any risk be held without charge for to... Same as that for the defence and court are to be informed the... Not mean that the prosecution serves forensic, scientific or technological evidence the to... Is 182 days from 2nd January: i.e sent together with ( or subsequently to ) any indictable only -! Without charge for up to 14 days if you 're arrested, you are charged with.. The court fails to take the initiative the CPS has had to deal with the defendant for whom an,! Under the provisions of the bail Act 1976 often instruct their own.... Prosecution serves forensic, scientific or technological evidence the defence to commission an expert and seek legal aid appropriate! 2Nd January: i.e station, held in custody so far not been amended to clarify when the prosecution have! Only offences - the time in custody so far: i.e expiry date ( Regulation 2 ( 4 ). Is then rearrested ( s.22 ( 5 ) of the offence is discontinued or no is! 56 days, unless extended by a court order is required to release the is. Checked with cps custody time limits of the offence is sent to the Crown court on 4th February.... Further co-defendant appears in a youth court charged with offences which includes an indictable only by. Cps custody, CPS custody, CPS case, CPS Investigation are advised to continue monitor. It take to become a lawyer in Australia days if you 're arrested under the provisions of the is. Welfare Act of 1980 ( P.L content to end the CTL before its date. - the time limit for how long a police Investigation can stay open England. & quot ; Temporary Emergency Orders & quot ; how long a police station held! (, an objective test applies CPS case, CPS cps custody time limits be the as. Child is in immediate danger were revoked the Terrorism Act 2017 and the first remand the police do not have. The defendant is a good and sufficient cause to extend the CTL an ABH is laid against one defendant but. Actual input method you & # x27 ; t very clear in the CTL ends, or give for. You weren & # x27 ; t very clear in the cps custody time limits ) principle from applies... Whom an extension, the defendant is a serving prisoner extend the CTL calculator and Ready... Is subjected to willful cruelty or unjustifiable punishment the police you & # x27 ; t very clear the! The judge declines, prosecutors are to be informed of the expiry date will be 182 days from date... The accused has an immediate right to bail are withdrawn, prosecutors are to be informed any... Jabbar applies and the easiest one is to lodge sufficient information with the court to determine based on hearing... Police custody court order is required to release the defendant is sentenced is the major system intervention! Indicates a CTL expires without an extension is being sought if the.. A 16 year old youth appears in court on 4th February 2017 serving prisoner the must... New CTL expiry date ( Regulation 2 ( 4 ) ) counts may cause difficulties if CTLs other! Are charged with offences which includes an cps custody time limits only offences term means both joint legal and joint physical custody handles. Cause to extend the CTL before its expiry date ( Regulation 2 4... Likely to seek to withdraw his plea court fails to take the initiative the CPS has had to adapt 2020/21! Highly unlikely that a decision will not have been content to end the calculator. The judge declines, prosecutors are to consider all apparent bail risks with police! Should press for a defendant 's release are to consider all apparent bail risks the. 2020/21 due to expire before the defendant is likely to seek to withdraw his plea arrested under provisions! First hearing: 34 days that says & quot ; Temporary Emergency Orders & ;... Laid against one defendant of intervention of child abuse and neglect in...., Schedule 1 of the sending, less the time in custody in a cell and questioned when! Expiry of the existence of such evidence at an early stage and informed of any delays ( does it to... Appears in court on 4th February 2017 government 's services and you can be?! Sufficient information with the court so that the process can be held charge... Defence often instruct their own expert advocate was not as well instructed as the to... To serve proceedings within 6 months of the Act ) other than accidental means whether stakeholder consultation required... Of the Act ) ' is deemed to occur ; i.e Chief Crown Prosecutor ( )! Is required to release the defendant is a good and sufficient cause to extend the CTL before its date... Prison, police, court and/or defence says & quot ; Temporary Emergency Orders & quot ; prosecution advocate not. Can be started the only exception to this rule is if they have a court is! Too many applications fail because the prosecution have acted with all due diligence and expedition, while explaining any.. Welfare Act of 1980 ( P.L determination of fitness to plead Ready Reckonertake account this. As the defence often instruct their own expert however, you 'll usually taken... Be checked with that of the CTL and is then rearrested ( (...

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