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Supplementary provisionsE+W+S

[F111A Offences: extension of time limit.E+W+S

(1) For the purposes of subsection (2) of this section a relevant offence is an offence under section F2 ... 9(4)(b) or 10(2) of this Act for which proceedings are instituted by the Secretary of State.

(2) Notwithstanding section 127(1) of the M1 Magistrates’ Courts Act 1980 (information to be laid within 6 months of offence) an information relating to a relevant offence which is triable by a magistrates’ court in England and Wales may be so tried if it is laid at any time—

(a)within 3 years after the date of the commission of the offence, and

(b)within 6 months after the date on which evidence sufficient in the opinion of the Secretary of State to justify the proceedings came to his knowledge.

(3) Notwithstanding section 136 of the M2 Criminal Procedure (Scotland) Act 1995 (time limit for prosecuting certain statutory offences) in Scotland proceedings in respect of an offence under section F3 ... 9(4)(b) or 10(2) of this Act may be commenced at any time—

(a)within 3 years after the date of the commission of the offence, and

(b)within 6 months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings came to his knowledge.

(4)For the purposes of this section a certificate of the Secretary of State or Lord Advocate (as the case may be) as to the date on which evidence came to his knowledge is conclusive evidence.]

Annotations:

Amendments (Textual)

F1S. 11A inserted (25.10.1999) by 1999 c. 26, s. 31, Sch. 7 paras. 1, 5; S.I. 1999/2830, art. 2, Sch. 1 Pt. I

F2Words in s. 11A(1) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(e), Sch. Pt. 5

F3Words in s. 11A(3) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(e), Sch. Pt. 5

Marginal Citations