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Review Your SQE 1 Practice Records

Examination Timing: 00H01M04S

David has been remanded in custody until his trial date in the Crown Court, and the trial has not yet commenced. Regarding the operation of the custody time limits (CTL), which ONE of the following statements is CORRECT?

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You have chosen the incorrect answer.
Your selected option: A

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The correct operation of custody time limits (CTL) in English law requires that David must be released on bail after 182 days from the date his case is sent to the Crown Court, minus any days he has already spent in custody before this date. However, this is conditional on the prosecution being unable to persuade the court of two things: that there is good and sufficient cause to extend the CTL, and that they have acted with due diligence and expedition throughout. This means both conditions must be satisfied to extend the CTL. Therefore, Options A and C are incorrect as they do not include both required grounds. Option B is incorrect because if the prosecution fails to satisfy the court of the necessary grounds, the court must release David on bail, not merely may release him. Option E is incorrect as it misstates the law, suggesting indefinite custody, which is not allowed. 

Key Point: The custody time limits (CTL) ensure that a defendant is not held in custody for an unreasonable period before trial. The prosecution must demonstrate both good cause for delay and diligence in their proceedings to extend these limits, safeguarding defendants' rights under the law.

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