How long before you have to be served with an indictment?

[weetooner]

Hi folks, can anyone tell me how long it takes before you have to be served with an indictment?

Family member has now been held on remand for 80 days without having received the indictment. I was under the impression it had to be served within the 80 days if not the person must be released on bail, but someone has said because of covid this rule does not now apply and they can be held indefinitely.

Thanks for any info.

[echat11]

islandgirl Can you take a look and advise please, many thanks.

[islandgirl]

Sorry I don't really understand the question. What is meant by indictment? Do you mean how long can you be held on remand before your case is heard?

As for how long you can be held on remand:

https://www.thejusticegap.com/one-in...n-legal-limit/

It is now 8 months. Courts have a HUGE backlog of cases and cases where people are on remand are given priority.

As for being charged these are the rules:

In accordance with UK law, if you have been arrested, the police can detain you in custody for a maximum of 24 hours before they must either charge you with the offence, release you under police bail to return at a later date for further questioning, or release you without charge.

There are exceptions to this 24 hour limit and the police can apply to keep you in custody for up to 36 or 96 hours if you are suspected of committing a particularly serious crime such as murder.

If you’re arrested under the Terrorism Act, you can be held by the police without charge for up to 14 days.

[weetooner]

Hi ISLANDGIRL, thanks for your reply.

Indictment - The court document that sets out criminal charges where the offences are to be dealt with in solemn proceedings. An accused person will be said to be charged "on indictment".

I have also found this - The Indictment Document

An indictment is the document that specifies the charges on which the accused is to face trial. It looks different to a summary complaint, but it will identify the accused by name, date of birth and address in the same way. Unlike a summary prosecution, which refers to “the complaint of the Procurator Fiscal”, indictments introduce the charge(s) with the words, “you are indicted at the instance of Her Majesty’s Advocate, and the charge(s) against you is/are that”. This is why summary cases are referred to as “PF Edinburgh/Glasgow/Aberdeen (etc) v [accused’s name]” whereas solemn cases are “HMA v [accused’s name]. Time Limit for Service

The date on which the Crown serves an indictment on the accused is important, because of time limits that apply in order to “prevent delay in trials”. These time limits – and procedures that provide opportunities for them to be extended – are set out in s65 of the 1995 Act.


If an accused is remanded in custody after the first appearance on petition, then they cannot be detained for more than 80 days without an indictment being served on them. If the indictment is not served in that time, then the accused is “entitled to be admitted to bail” (i.e. release from custody).

Thanks.

[islandgirl]

Yes I gave the same answer re time limits in my reply - 8 months. Assume this is Scotland? You wrote: “the complaint of the Procurator Fiscal” - different legal system. I was not familiar with the use of the word Indictment but I see what you mean now. If you are correct about the 80 day rule then go and see a solicitor and invoke it would be my advice.

[Nostrus]

Depends on the seriousness of the case. A solemn case on indictment means a jury trial. Otherwise it'll just be on summary complaint. Without giving away too much, how serious are the charges being levied?