Representation of the People Act 1983

General provisions as to prosecutions

176 Time limit for prosecutions

(1) A proceeding against a person in respect of any offence to which this section applies shall be commenced within one year after the offence was committed, and the time so limited by this section shall, in the case of any proceedings under the [1980 c. 43.] Magistrates' Courts Act 1980 (or, in Northern Ireland, the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981) for any such offence, whether before an election court or otherwise, be substituted for any limitation of time contained in that Act or Order.

(2) For the purpose of this section, the issue of a summons, warrant or other process (in this subsection collectively "the process ") shall be deemed to be a commencement of the proceeding—

(a) where the service or execution of the process on or against the alleged offender is prevented by his absconding or concealment or act; but

(b) except as mentioned in paragraph (a) above, service or execution of the process on or against the alleged offender, and not its issue, shall be deemed to be that commencement

(3) This section applies to any corrupt or illegal practice, any illegal payment, employment or hiring and any offence under section 99(1), section 110 and section 149 above.

177 Local election offence punishable summarily

A prosecution for any offence punishable summarily committed in reference to an election under the local government Act—

(a) may be instituted before any magistrates' court in the county in which the local government area for which the election was held is situated or which it adjoins; and

(b) the offence shall be deemed for all purposes to have been committed within the jurisdiction of that court.

This section does not apply in Scotland.

178 Prosecution of offences committed outside United Kingdom

(1) Proceedings under this Act in respect of an offence alleged to have been committed outside the United Kingdom by a Commonwealth citizen or citizen of the Republic of Ireland may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where the person charged is for the time being.

(2) Any period fixed by law as the period within which proceedings may be commenced shall, in the case of any such proceedings as are mentioned in subsection (1) above, be reckoned as from the date on which the person charged first landed in the United Kingdom next after the commission of the offence, and for the purposes of this provision a person entering Northern Ireland by land shall be deemed so to land in the United Kingdom.

179 Offences by associations

Where—

(a) any corrupt or illegal practice or any illegal payment, employment or hiring, or

(b) any offence under section 110 above,

is committed by any association or body of persons, corporate or unincorporate, the members of the association or body who have taken part in the commission of the offence shall be liable to any fine or punishment imposed for that offence by this Act.

180 Evidence by certificate of holding of elections

On

(a) any prosecution for a corrupt or illegal practice or for any illegal payment, employment or hiring, and

(b) any proceedings for a penalty under section 85 above or paragraph 4 of Schedule 4 to this Act,

the certificate of the returning officer at an election—

(i) that the election mentioned in the certificate was duly held, and

(ii) that the person named in the certificate was a candidate at the election, shall be sufficient evidence of the facts stated in it.

181 Director of Public Prosecutions

(1) Where information is given to the Director of Public Prosecutions that any corrupt or illegal practice has occurred in reference to any election, it is his duty to make such inquiries and institute such prosecutions as the circumstances of the case appear to him to require.

(2) The Director by himself or by his assistant or by his representative appointed under subsection (3) below shall attend the trial of every election petition.

(3) The Director may nominate, with the Attorney General's approval, a barrister or solicitor of not less than ten years standing to be his representative for the purposes of this Part of this Act and that representative shall receive such remuneration as the Treasury may approve.

(4) The Director in performing any duty under this Act shall act in accordance with regulations under the [1979 c. 31.] Prosecution of Offences Act 1979, and subject to them in accordance with the directions (if any) given to him by the Attorney General; and any assistant or representative of the Director in performing any duty under this Part shall act in accordance with those regulations and directions (if any) and with the directions given to him by the Director.

(5) There shall be allowed to the Director and his assistant or representative for the purposes of this Part (other than his general duties under subsection (1) above) such allowances for expenses as the Treasury may approve.

(6) The costs incurred in defraying the expenses of the Director incurred for those purposes (including the remuneration of his representative) shall, in the first instance, be paid by the Treasury, and so far as they are not in the case of any prosecution paid by the defendant shall be deemed to be expenses of the election court; but if for any reasonable cause it seems just to the court so to do, the court shall order all or part of those costs to be repaid to the Treasury by the parties to the petition, or such of them as the court may direct.

(7) In the application of this section to Scotland, subsections (2) to (6) shall be omitted.

(8) In the application of this section to Northern Ireland, the reference to the [1979 c. 31.] Prosecution of Offences Act 1979 does not apply.