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Disclaimer: The information on this web is provided as a service and a convenience by the Connecticut Judicial Branch. It is not intended as legal advice to any person. If you have questions about the use of these forms, your legal rights, or particular issues in your case, it is strongly recommended that you talk to an attorney. Due to the changing nature of the law, the forms and information found on this web site will change from time to time. It is up to you to follow the current procedures and to file the correct, up-to-date forms.

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The scale and seriousness of the situation presents ificant difficulties to the criminal court process and means it cannot operate in the way it does normally. The purpose of this Protocol is to set a temporary framework during the Coronavirus pandemic for the efficient and expeditious handling of cases that involve a Custody Time Limit CTL.

It does not create legal obligations or restrictions on any party. The Protocol will be reviewed monthly by the SPJ who will determine when it will cease.

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Custody Time Limits CTL safeguard unconvicted defendants by preventing them from being held in pre-trial custody for an excessive period of time. The Act and Regulations governing CTL require the prosecution to progress cases to trial diligently and expeditiously.

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The legal burden of monitoring and complying with CTLs rests on the prosecution. Prosecutors should be familiar with it: it may assist with arguments in support of a CTL extension.

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The Act and Regulations apply to the preliminary stages of criminal proceedings s. Note: Section 22 contains many references to Overall Time Limits which were piloted but not implemented after evaluation. Care should be taken not to apply those parts of s.

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The whole of s. CTLs apply to each and every charge and not the offender. A CTL begins at the court appearance when the defendant was first remanded but the day of that court appearance does not count towards the CTL period Regulation 2 2. 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. The CTL will continue to run during any period when a defendant is also serving a custodial sentence for another offence R v Peterborough Crown Court, ex p.

The CTL Regulations apply to summary only offences and either way offences to be tried in the magistrates' court; also to indictable offences sent to the Crown Court indictable only and either wayto voluntary bills and to fresh indictments following an order for a retrial made by the Court of Appeal see below.

A CTL will be disregarded i.

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CTLs run from the first court appearance. If a defendant is charged but escapes before being remanded by a magistrates' court, no CTL will have started. The CTL will begin once the person is arrested and remanded by a court.

Accessibility controls

Any further offences e. Where a defendant is granted bail and later re-remanded, the calculator is to be used to recalculate the amended CTL expiry date. A new version is produced every year in December to take of public holidays and weekends for the following year. The old version must be removed from all computers and web sites to avoid errors.

A word document can be generated from the calculator and saved on CMS as an audit trail. The calculator also produces review dates custody each case. Note: The calculator removes the first remand day and makes all further adjustments for further remands required under the following examples. A defendant is remanded in custody on 2nd January at the magistrates' court for an either way offence - the 56 days limit is applied.

The CTL expires on the 27th February The defendant is granted during on 6th January and the CTL is suspended. 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.

Therefore 4 days must be subtracted from 56, leaving 52 days left. Subsequently however, the defendant is re-remanded dating custody on 9th January for breach of bail conditions. The defendant is again granted bail on 16th January Note: He has on this occasion been in custody a further 8 days, counting the first day of remand 9th January and the last 16th January as whole days in custody, leaving a balance of 44 days i.

Following another breach of bail, the defendant is re-remanded into custody on 23rd January The CTL now expires on 7th March However, the case is allocated to the Crown Court on 23rd January. A day CTL now applies, less the time in custody Manchester the magistrates' court.

Is a court order necessary?

The days in custody are the 12 and the day of the remand on 23rd January. Note: As it is not the initial remand, it is counted.

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Therefore a total of 13 days are subtracted from the leaving days. The CTL now expires on 11th July A defendant appears before the magistrates' court on 2nd January charged with rape. The offence is sent to the Crown Court on that day.

The CTL is days from 2nd January, remember, it is counted from the 3rd as the first day is discounted, which the calculator does automatically for you and ends on 3rd July There are further inquiries to be made and, unusually, he is remanded in custody back to the magistrates' court to the 9th January. The indictable only day CTL applies and starts on 2nd January but counted from the 3rd as the first day is discounted. On 9th January, he is sent to the Crown Court.

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The CTL is days from 2nd January: i. The time in custody in the magistrates' court is taken into and subtracted. The easiest way to calculate this date is to calculate the days from the date of the first remand. The magistrates send him to the Crown Court on that day. The day CTL expiry date is 3rd July A co-defendant is charged with the same offence and appears in court on the 25th January.

He is sent to the Crown Court on the same day.

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The CTL expiry date for that defendant is 26th July A further co-defendant appears in court on 4th February His CTL expiry date is 4th August A further robbery charge is added against all defendants and an ABH is laid against one defendant. The robbery charge against all defendants is preferred on the 1st March and its CTL will be days less the time in custody each defendant has served to that date. Each CTL expiry date for the robbery will therefore be the same expiry date as that of the cases for which they were sent for trial: no extra time is gained by the prosecution where the additional counts are added to the same indictment.

Do mums or d have more say over the parenting arrangements?

CTLs apply to young offenders remanded in custody and those remanded to local authority accommodation under s. Where a secure accommodation order is made, the time limit runs from the date when the order was made, not from when the young person is actually placed in the accommodation. Note: The provisions in s. Overall time limits were piloted for youth cases but were revoked.

Child custody & arrangement orders

A 16 year old youth appears in a youth court charged with robbery. The youth ple not guilty. He is remanded in custody to the care of the Local Authority. The CTL is 56 days. A month later, the victim dies; there is a causal medical link between the death and the robbery. The youth is charged with manslaughter. The robbery offence is withdrawn.

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The court remands the youth in custody. The CTL for the manslaughter is days from the date of sending without deduction the time spent remanded for the robbery is ignored because the defendant was not ly remanded for the manslaughter offence, only for the robbery Regulation 5 6D and 5 6B. Any disadvantage to the youth can be taken in to in sentencing and calculation of release dates.

A 17 year old youth is charged with a night time domestic burglary, during which he threatened violence against the sole elderly female occupant of the house to obtain her valuable jewellery. The defendant appeared unrepresented and was remanded in custody for a week for legal representation and advance information. The victim has been traumatised by the offence.

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The offence becomes indictable only - by virtue of paragraph 28, Schedule 1 of the Magistrates' Courts Act At the next hearing, the court determined that the case should be sent to the Crown Court. The CTL will be days from the date of the sending, less the time in custody so far. A 17 year old youth appears at the magistrates' court tly charged with an adult with an armed robbery. The court considers it to be in interests of justice to send both to the Crown Court. As a general rule, when a new charge is laid a new CTL relating to that offence will begin.

A new CTL dating not begin if the charge is merely amended, or if the new custody is a restatement of the old charge with different particulars. The new offence must be a different offence in law to attract a fresh Manchester. 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, during CTL for the new offence will be days, but less the total time the defendant has spent in custody for the original offence sent.

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When relationships break down specialist advice is often needed from child law solicitors to sort out an amicable parenting arrangement.