Commentary on Sections Part 9: Prosecution Appeals Section 70: Effect on time limits in relation to preliminary stages
303.Section 22 of the Prosecution of Offences Act 1985 enables overall and custody time limits to be set which apply during the preliminary stages of criminal proceedings, although not to the trial itself. If the prosecution were to appeal against a ruling made prior to the commencement of the trial, the time limits set under section 22 of the 1985 Act would continue to run pending the outcome of the appeal. Section 70 addresses this problem by inserting a new subsection (6B) into section 22 of the 1985 Act. Subsection (6B) disapplies the overall time limit and the custody time limit for the period during which proceedings are adjourned pending a prosecution appeal under this Part of the Act.