Hallmarking Act 1973

2 (1) No prosecution for an offence under this Act shall be commenced after the expiration of three years from the commission of the offence or one year from its discovery by the prosecutor whichever is the earlier.

(2) Notwithstanding anything in section 104 of the [1952 c. 55.] Magistrates' Courts Act 1952, a magistrates' court may try an information for an offence under this Act if the information was laid at any time within twelve months from the commission of the offence.

(3) Notwithstanding anything in section 23 of the [1954 c. 48.] Summary Jurisdiction (Scotland) Act 1954 (limitation of time for proceedings in statutory offences) summary proceedings in Scotland for an offence under this Act may be commenced at any time within twelve months from the time when the offence was committed, and subsection (2) of the said section 23 shall apply for the purposes of this sub-paragraph as it applies for the purposes of that section.

(4) Sub-paragraph (2) above shall apply to Northern Ireland as if for the references to section 104 of the [1952 c. 55.] Magistrates' Courts Act 1952 and the trial and laying of an information there were substituted respectively references to section 34 of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 and the hearing and determination and making of a complaint.

(5) Sub-paragraphs (2) and (3) above do not apply where—

(a) the offence was one under section 1(1)(a) of this Act and was committed by the making of an oral statement; or (b) the offence was one under section 1(1)(b) of this Act and—

(i) the description was applied by an oral statement; or

(ii) the description is deemed to have been applied to the article concerned by virtue of subsection (7)(b) of the said section 1 and the article was supplied in pursuance of an oral request.