Page:Prosecution of Offences Act 1985.pdf/26

24c. 23

(6) Where—
 * (a) a person escapes from the custody of a magistrates’ court or the Crown Court; or
 * (b) a person who has been released on bail fails to surrender himself into the custody of the court at the appointed time;

the overall time limit which applies in his case in relation to the stage which the proceedings have reached at the time of the escape or, as the case may be, at the appointed time shall, so far as the offence in question is concerned, cease to have effect.

(7) Where a magistrates’ court decides to extend, or further extend, a custody or overall time limit, the accused may appeal against the decision to the Crown Court.

(8) Where a magistrates’ court refuses to extend, or further extend, a custody or overall time limit the prosecution may appeal against the refusal to the Crown Court.

(9) An appeal under subsection (8) above may not be commenced after the expiry of the limit in question; but where such an appeal is commenced before the expiry of the limit the limit shall be deemed not to have expired before the determination or abandonment of the appeal.

(10) Where a person is convicted of an offence in any proceedings, the exercise, in relation to any preliminary stage of those proceedings, of the power conferred by subsection (3) above shall not be called into question in any appeal against that conviction.

(11) In this section—
 * “appropriate court” means—
 * (a) where the accused has been committed for trial or indicted for the offence, the Crown Court; and
 * (b) in any other case, the magistrates’ court specified in the summons or warrant in question or, where the accused has already appeared or been brought before a magistrates’ court, a magistrates’ court for the same area;
 * “custody of the Crown Court” includes custody to which a person is committed in pursuance of—
 * (a) section 6 of the Magistrates’ Courts Act 1980 (magistrates’ court committing accused for trial); or
 * (b) section 43A of that Act (magistrates’ court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court);