SQE1 Criminal Litigation · Page 1 of 9
Bail, Remand and Custody Time Limits: Introduction
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Court bail determines whether a defendant remains at liberty while the case continues. It does not decide whether the defendant committed the offence. A remand fixes the next stage at which the defendant must attend or be brought before the court. A custody time limit (CTL) restricts the total charge-specific period of pre-trial custody. These are connected decisions, but they answer different questions.
Read this chapter after Starting Proceedings, Representation and Court Routing. You should already distinguish an accusation from a conviction, a summary-only offence from an either-way or indictable-only offence, and sending for trial from committal for sentence. Police detention and pre-charge bail are explained in Police-Station Rights, Detention and Lawful Interview. The child-specific accommodation and detention tests remain in Youth Court, Remand, Sentencing, Legal Aid and Welsh Language. Here, learn to select the court-bail rule, construct or oppose a workable application, identify the correct challenge, and calculate the relevant custody clocks.
The Criminal Procedure Rules (CrimPR) govern the court procedure alongside the Acts and Regulations. Crown Prosecution Service (CPS) guidance explains prosecution practice; it does not override legislation or a judgment. In this chapter, an exception permits or restricts a decision only when its actual conditions are met.
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