If you’ve been charged with a criminal offence, or know someone who has, one important thing to be aware of is Custody Time Limits (CTLs). These are legal safeguards that ensure a defendant is not held in custody for longer than necessary before their trial. This article will explain what Custody Time Limits are, how they work, and why they matter, as well as provide details on how CTLs have been impacted by recent events like the COVID-19 pandemic.
What are Custody Time Limits (CTLs)?
In simple terms, a Custody Time Limit is the maximum amount of time a person can be kept in prison (remanded in custody) before their trial begins. If the time limit expires, the accused person must be released from custody, regardless of the charges they face. The law sets these time limits to ensure that individuals are not deprived of their liberty for an unreasonable period before their trial, helping to prevent unfair detention.
A CTL applies in cases where an individual is charged with a criminal offence, refused bail, and is being held in custody while awaiting their trial. It’s important to understand that CTLs are not related to the trial itself. They are concerned with how long you can be kept in prison before your case is heard in court.
How Do Custody Time Limits Work?
The length of the Custody Time Limit depends on the type of offence you are accused of and the court where your case will be heard. Here are the general time limits:
Magistrates’ Court Cases
- For summary-only offences (less serious crimes), the CTL is 56 days. This means you can be kept in custody for no more than 56 days after your first appearance in court, before your case must go to trial.
- If your case could be sent to the Crown Court (for a more serious offence), the CTL can be extended to 70 days.
Crown Court Cases
If your case is serious enough to be heard in the Crown Court, the CTL is 182 days. This gives the prosecution and the court more time to prepare for the trial, as these cases tend to be more complex.
If the CTL expires before the trial begins, the person in custody must be released on bail, and their trial will still take place at a later date.
When Does the Custody Time Limit Cease to Apply?
The CTL doesn’t always apply in the same way to every case. There are certain circumstances in which the CTL will stop running, meaning the time you’ve been held in custody doesn’t count towards the limit:
- Bail is Granted: If you are granted bail and released from custody, the remaining balance of the CTL is suspended. As long as you remain out on bail, the CTL is effectively paused.
- Guilty Plea: If you plead guilty to the charge and the court accepts your plea, the CTL ends immediately. However, if the court rejects your guilty plea (for example, if you plead guilty to a lesser offence), the CTL will continue running.
- Court Decisions: There are other specific situations that can cause a CTL to cease, such as when charges are dropped or an offence is dismissed by the court.
How Can a Custody Time Limit Be Extended?
The court can extend the CTL in certain circumstances, but it can only do so if there is a good and sufficient reason. These extensions are not granted lightly, and the prosecution must show that they have acted with diligence and expedition in moving the case forward.
The court must be satisfied that the extension is needed for one of the following reasons:
- Illness or absence of the accused, a necessary witness, a judge, or a magistrate: If the trial can’t proceed due to a key participant being unavailable, this could justify an extension.
- Postponement due to separate trials: If there are multiple defendants and the court orders separate trials, this could cause delays that justify extending the CTL.
- Other good and sufficient cause: This is a more general reason that can include things like unforeseen delays, but the court is very careful in deciding what qualifies as “good cause”. The prosecution must show they have made every effort to ensure the trial happens without unnecessary delays.
What is Not Considered a Good Reason for Extending a CTL?
There are some reasons that the court is reluctant to accept as valid for extending the CTL. These include:
- The seriousness of the offence: Simply because the offence is serious doesn’t mean the CTL should be extended. This cannot be used as an excuse to delay the trial.
- Lack of funding for the case: If the case is delayed because of a shortage of resources or funding, this will not be accepted as a reason for extending the CTL.
- COVID-19 Delays: The COVID-19 pandemic caused many court delays, as courts were unable to operate normally due to health restrictions. However, the government has now introduced temporary measures to deal with this, and judges have been instructed on how to apply these measures to CTLs.
The Impact of COVID-19 on Custody Time Limits
The COVID-19 pandemic caused widespread disruption to the justice system. Courts were forced to shut down or reduce their operations, leading to significant delays in trials. Because of this, the Coronavirus protocol was introduced, allowing for CTL extensions in cases where delays were caused by the pandemic. For example, courtroom availability was a major issue, as social distancing and other measures meant fewer trials could be held.
The protocol was originally meant to be a temporary measure, but it highlighted just how vulnerable the system was to delays. While the protocol helped ease the pressure during the worst of the pandemic, it also meant that many accused individuals were kept in custody longer than they normally would have been.
How Has the Government Addressed the Backlog?
As of June 2021, the Coronavirus protocol came to an end, and the justice system began to recover. However, the backlog of cases waiting to be heard in court remains a significant challenge. This backlog has been exacerbated by industrial action taken by criminal barristers, who have been refusing to accept new cases due to concerns over legal aid funding. This has led to further delays in the progress of cases and the listing of trials.
To address the backlog, the government has considered various options, including:
- Removing the right to jury trials for some offences: For certain offences, it may be proposed that defendants are tried without a jury, which could speed up the trial process.
- Reducing the number of jurors: In some cases, the number of jurors could be reduced, which would also help reduce delays.
- Opening more courts (Nightingale Courts): The government has looked at using temporary courts to help reduce the backlog. These are known as Nightingale Courts.
While these measures may help, the backlog remains a pressing issue, and many accused individuals are still waiting months, or even years, for their trials to be heard.
What Happens if the CTL Expires?
If a CTL expires before a trial begins, the accused person must be released on bail. This is a legal requirement, and the person cannot be held in custody any longer. The prosecution can still continue with the case, but the individual will be out on bail while awaiting the trial.
In some cases, the Court of Appeal may intervene if the CTL has expired, especially if it was due to a failure by the prosecution or the court system to meet deadlines. However, the rule is clear – if the CTL expires, the person must be released.
Why Are Custody Time Limits Important?
Custody Time Limits are a fundamental part of ensuring justice is served fairly. They protect individuals from being held in custody for an excessive period before their trial, preventing unnecessary pre-trial detention. This system helps ensure that those who are not guilty are not unfairly punished before their case is heard, and it also prevents the overcrowding of prisons with individuals who may ultimately be acquitted.
The strict rules around CTLs also place pressure on the justice system to work efficiently. Courts, prosecutors, and defence teams must all ensure that cases move forward as quickly as possible to prevent delays that could breach the CTL.
Conclusion
In conclusion, Custody Time Limits are a crucial part of the criminal justice system. They ensure that individuals are not held in custody for longer than necessary before their trial, and they provide a clear structure for how long a case can be delayed. While there are provisions for extending a CTL, these are not granted lightly and must be justified with good cause.
