Electoral Law Act (Northern Ireland) 1962

118 Time limit for prosecutions. N.I.

(1) A proceeding against a person in respect of any electoral misdemeanour shall be commenced within one year after the offence was committed,…F1 , and the time so limited by this section shall as respects any proceedings under the Summary Jurisdiction Acts for any such offence, whether before an election court or otherwise, be substituted for any limitation of time contained in those Acts.

(2) For the purposes of this section, the issue of a summons, warrant or other process shall be deemed to be a commencement of a proceeding, where the service or execution of the same on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, but save as aforesaid service or execution of the same on or against the alleged offender, and not the issue thereof, shall be deemed to be the commencement of the proceeding.

[F2 (3) In respect of the prosecution of an electoral misdemeanour committed or alleged to have been committed at a local election, this section shall have effect subject to the following amendments:

(a) in subsection (1) the words, whether before an election court or otherwise, shall be omitted, and

(b) for subsection (2) there shall be substituted:

“(2) For the purposes of this section, the making of a complaint shall be deemed to be the commemcement of a proceeding.” .]

[F3 (4) This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the electoral misdemeanour.]

F1 SLR 1976

F2 SI 1987/168

F3 S. 118(4) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 1 para. 1(7) (with s. 97); S.I. 2023/1272, reg. 2(a)