Section 128A: Remands in custody for more than eight days.

Magistrates' Courts Act 1980 · 1980 c.43

Part VII: Miscellaneous and Supplementary

128A(1)

The Secretary of State may by order made by statutory instrument provide that this section shall have effect—

(a) in an area specified in the order; or

(b) in proceedings of a description so specified,

in relation to any accused person ("the accused") . . ..

128A(2)

A magistrates' court may remand the accused in custody for a period exceeding 8 clear days if—

(a) it has previously remanded him in custody for the same offence; and

(b) he is before the court,

whichever is the less.

128A(3)

Nothing in this section affects the right of the accused to apply for bail during the period of the remand.

128A(4)

A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.