Criminal Time Limits

Question 1

D’s right to a solicitor can be delayed for…

Answer 1

36 hours

Question 2

D must be informed that he is under arrest and for what

Answer 2

As soon as practicable

Question 3

D must be taken to a designated station if detention would exceed…

Answer 3

6 hours

Question 4

If D is detained without charge, this decision must be reviewed by an inspector after…

Answer 4

6 hours and subsequently every 9 hours.

Question 5

After 24 hours in detention D must be released unless permission is given by a superintendent for another…

Answer 5

12 hours

Question 6

Ater 36 hours in detention a warrant must be sought from the Mags, who can grant a further

Answer 6

36 hours

Question 7

Another warrant must be sough to keep D in detention when he has been there for…

Answer 7

72 hours

Question 8

The total time D can be detained is

Answer 8

96 hours.

Question 9

Before conviction D may be remanded in a police station for

Answer 9

3 clear days

Question 10

Before conviction D may be remanded in prison for

Answer 10

8 clear days, or 28 if a successful application is made.

Question 11

After conviction D may be remanded in prison for

Answer 11

3 weeks to allow for a PSR

Question 12

Initial details of P’s case must be provided

Answer 12

As soon as practicable, and no later than the beginning of the day of D’s first appearance.

Question 13

The mags can send D to the Crown Court

Answer 13

Any time before the closing of P’s case.

Question 14

In a summary trial, P must serve all evidence upon which he intends to rely within

Answer 14

28 days of D’s plea.

Question 15

In the CC, P must serve all evidence upon which he intends to rely within

Answer 15

50 days (if D is in custody), or 70 days (if D is on bail).

Question 16

P’s unused material must be disclosed

Answer 16

As soon as reasonably practicable.

Question 17

In the CC D must send his Defence Statement within

Answer 17

28 days of P’s initial details.

Question 18

In a summary trial D may send a Defence statement, and, if so, must do this within…

Answer 18

14 days of initial details.

Question 19

An application for third party disclosure should be made

Answer 19

As soon as practicable.

Question 20

P must file the draft indictment

Answer 20

Not more than 28 days after P has served his evidence on the CC and D

Question 21

If D wishes to quash a charge he should apply

Answer 21

Before plea

Question 22

If D wishes to apply for dismissal, he must serve notice

Answer 22

No later than 14 days after P’s evidence has been served.

Question 23

A preliminary hears should take place

Answer 23

14-21 days after sending

Question 24

Where a Plea and Case Management hearing is held, this should occur

Answer 24

Within 13 weeks of sending (where D is in custody) or 16 where D is on bail.

Question 25

D may make a statutory declaration

Answer 25

Within 21 days of becoming aware that he has been convicted in his absence

Question 26

A judge may accept a majority verdict after

Answer 26

2 hours 10 mins

Question 27

Discounts for guilty plea

Answer 27

First reasonable opportunity = 1/3 Trial date set = 1/4 At the door or later = 1/10 Where the evidence is overwhelming = max 1/5

Question 28

The magistrates can pass a custodial sentence of

Answer 28

Up to 6 months, or 12 months for multiple either ways.

Question 29

A goodyear indication will expire

Answer 29

After a reasonable opportunity to plead guilty has passed

Question 30

The conditions for a Conditional discharge may last

Answer 30

Up to 3 years

Question 31

If D breaches the conditions of his community sentence he may be imprisoned for

Answer 31

Up to 6 months

Question 32

A custodial sentence may be suspended if it is between

Answer 32

14 days and 2 years

Question 33

The supervision period of a suspended sentence must be

Answer 33

Between 6 months and 2 years

Question 34

A person aged 21 or over convicted of murder must be sentenced to

Answer 34

Life

Question 35

After a third conviction for Class A drug trafficking, a person must be sentenced to

Answer 35

At least 7 years (unless unjust)

Question 36

After a third conviction for burglary a person must be sentenced to

Answer 36

3 years unless unjust

Question 37

A person convicted of firearms offences must receive

Answer 37

O18 6 years 16-18 3 years Save in exceptional circumstances

Question 38

Mandatory and minimum sentences can be reduced for a guilty plea by

Answer 38

Up to 1/5.

Question 39

In the mags an application under the slip rule should be made

Answer 39

As soon as reasonably possible after conviction or sentence

Question 40

In the CC an an application to vary sentence under the slip rule should be made

Answer 40

Within 56 days.

Question 41

Notice of appeal should be served on the Mags and P

Answer 41

Within 21 days of sentence.

Question 42

An application for leave to appeal to the CA must be served on the CC

Answer 42

Within 28 days of conviction! or sentence.

Question 43

A permission to appeal can be renewed

Answer 43

Within 14 days

Question 44

An application for leave to make an AGs reference must be made

Answer 44

Within 28 days

Question 45

A referral order may last between

Answer 45

3 and 12 months

Question 46

A youth rehabilitation order must last

Answer 46

Less than 3 years

Question 47

A DTO can last

Answer 47

4,6,8,10,12,18, or 24 months.

Question 48

After release on suspension from a DTO, if D breaks his conditions he can be put in custody for

Answer 48

Up to 3 months.

Question 49

Submissions regarding the admissibility of evidence may be dealt with

Answer 49

At the PCMH, or, if during trial, at the point the disputed evidence is about to be called.