What Are Custody Time Limits?
Custody Time Limits (CTLs) set the maximum time someone can be held in custody before their trial. They exist to ensure defendants are brought to trial quickly and to prevent indefinite pre-trial detention.
Current Time Limits
Magistrates' Court
- 56 days from first appearance to start of trial (summary offences)
- 70 days from first appearance to committal (either-way offences)
Crown Court
- 182 days from committal to arraignment (start of trial)
Why CTLs Matter
If the prosecution cannot bring your case to trial within these limits, you should be released on bail. This:
- Protects against indefinite detention
- Pressures the prosecution to progress cases efficiently
- Recognizes the presumption of innocence
Extensions to CTLs
The prosecution can apply to extend CTLs if they can show:
- Good and sufficient cause for the delay
- They have acted with due diligence and expedition
Common reasons for extensions include:
- Late disclosure of evidence
- Expert evidence delays
- Court availability issues
- Co-defendant trial scheduling
Recent Challenges
The criminal justice system has faced unprecedented delays due to:
- COVID-19 backlogs
- Court closures and reduced capacity
- Barrister strikes and industrial action
- Shortage of judges and courtrooms
This has led to:
- More CTL extension applications
- Defendants spending longer in custody
- Increased pressure on the system
Defending Against CTL Extensions
Your solicitor can argue against extensions by showing:
- The prosecution has not acted with due diligence
- Delays are the prosecution's fault
- Alternative case management solutions exist
- The impact of continued custody on you and your family
What Happens When CTLs Expire?
If CTLs expire without extension:
- You must be released on bail
- The case continues - it is not dismissed
- You must attend future court dates
- Bail conditions may be imposed
Strategic Considerations
CTL cases require careful strategy:
- without understanding consequences