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England and Wales · Family, criminal and employment

What period and facts govern criminal retrial custody limits in England and Wales?

No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order. Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint.

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Read why no date is calculated
Period
No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order
Trigger
The actual acquittal-quashing order, arraignment, custody order and statutory route
Rule
Criminal Justice Act 2003 section 84
Criminal Justice Act 2003 section 84

The retained Criminal Justice Act 2003 section 84 supports establish the applicable retrial, arraignment and custody requirements separately. Its complete-body snapshot and operative extract preserve the source edition, while section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint.

Source guide · No automated date

Check the applicable procedure

Criminal Justice Act 2003 section 84. No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order. Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint. This source guide provides no computed date or paid record.

Criminal Justice Act 2003 section 84

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What period and facts govern criminal retrial custody limits in England and Wales?

No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order. Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint.

Responsible actor. An accused, prosecutor or court dealing with the actual retrial and custody route.

The actual acquittal-quashing order, arraignment, custody order and statutory route

Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint.

An accused, prosecutor or court dealing with the actual retrial and custody route. No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order. Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint.

Criminal Justice Act 2003 section 84

How does this provision count time?

  1. No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order
  2. Establish the applicable retrial, arraignment and custody requirements separately.
  3. Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint.

No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order; retain Criminal Justice Act 2003 section 84’s source wording and the actual statutory event instead of importing a different court-procedure count.

Section 84 concerns arraignment after the qualifying Court of Appeal retrial order. A late arraignment requires that court’s leave and does not establish a universal custody-release date.

Criminal Justice Act 2003 section 84

Which facts prevent one automatic date?

Criminal Justice Act 2003 section 84. No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order. Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint. This source guide provides no computed date or paid record.

ResultRead the operative provision and establish the applicable branch.

An accused, prosecutor or court dealing with the actual retrial and custody route has records of the actual acquittal-quashing order, arraignment, custody order and statutory route. No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order. Establish the applicable retrial, arraignment and custody requirements separately. Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint. Establish this procedure’s complete source facts before choosing an endpoint.

The proposed criminal retrial custody limits step meets a disputed communication, closed receiving office or uncertain hearing event. No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order; retain Criminal Justice Act 2003 section 84’s source wording and the actual statutory event instead of importing a different court-procedure count. Section 84 concerns arraignment after the qualifying Court of Appeal retrial order. A late arraignment requires that court’s leave and does not establish a universal custody-release date. Verify the legally completed criminal retrial custody limits act and actual applicable calendar. No assumed closure extension or substitute date is computed.

Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint. The actual acquittal-quashing order, arraignment, custody order and statutory route. No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order. Establish the applicable retrial, arraignment and custody requirements separately. Resolve this source-specific qualification before relying on a result.

Which conditions and exceptions apply?

Actor and completed criminal retrial custody limits act
An accused, prosecutor or court dealing with the actual retrial and custody route. Establish the applicable retrial, arraignment and custody requirements separately.
Actual criminal retrial custody limits event and branch
The actual acquittal-quashing order, arraignment, custody order and statutory route. Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint.
Counting and completion of criminal retrial custody limits
No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order; retain Criminal Justice Act 2003 section 84’s source wording and the actual statutory event instead of importing a different court-procedure count. Section 84 concerns arraignment after the qualifying Court of Appeal retrial order. A late arraignment requires that court’s leave and does not establish a universal custody-release date.
Criminal Justice Act 2003 section 84
  • An accused, prosecutor or court dealing with the actual retrial and custody route. No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order. Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint.
  • Criminal retrial custody limits concerns establish the applicable retrial, arraignment and custody requirements separately. Its actual source event is the actual acquittal-quashing order, arraignment, custody order and statutory route.

What must the responsible actor complete?

Questions about this procedure

What period and facts govern criminal retrial custody limits in England and Wales?

What period governs criminal retrial custody limits?

No universal forty-two days from charge is established by CJA 2003 sections 75 and 76; section 84 ordinarily requires arraignment within two months after the Court of Appeal’s qualifying retrial order. Section 84 permits a late arraignment only with Court of Appeal leave on its conditions. That rule is not a universal custody-release endpoint.

Criminal Justice Act 2003 section 84

Which event controls criminal retrial custody limits?

The actual acquittal-quashing order, arraignment, custody order and statutory route. Keep evidence of that actual source event.

Criminal Justice Act 2003 section 84

What completes criminal retrial custody limits?

Establish the applicable retrial, arraignment and custody requirements separately. An accused, prosecutor or court dealing with the actual retrial and custody route must establish that completed step.

Criminal Justice Act 2003 section 84

Does charge start every retrial custody period?

No. The serious-offence acquittal-retrial provision uses the Court of Appeal order for arraignment. Other custody routes require their own statutory facts.

Criminal Justice Act 2003 section 84

Does missing two months automatically bar every retrial?

Section 84 permits leave where the specified due-expedition and good-reason conditions are satisfied. Actual leave must be established.

Criminal Justice Act 2003 section 84

Are arraignment and release from custody the same legal step?

No. The retained source separates retrial procedure and the applicable custody or bail powers. Do not convert an arraignment period into an automatic release date.

Criminal Justice Act 2003 section 84

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Criminal Justice Act 2003 section 84Check the identified procedure, event, counting rule or qualification
Criminal Justice Act 2003 section 75Check the identified procedure, event, counting rule or qualification
Criminal Justice Act 2003 section 76Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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