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Law Reform (Year and a Day Rule) Act 1996
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- 1996 c. 19
- Section 2
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Changes and effects
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- s. 2(3) word repealed by 2004 c. 28 Sch. 11
- s. 2(3)(b) substituted by 2009 c. 25 Sch. 21 para. 60(2)
- s. 2(3)(c) and word inserted by 2004 c. 28 Sch. 10 para. 33
- s. 2(3)(c) words substituted by 2012 c. 4 Sch. para. 3
- s. 2(5)(aa) inserted by 2009 c. 25 Sch. 21 para. 60(3)
Commencement Orders yet to be applied to the Law Reform (Year and a Day Rule) Act 1996:
Commencement Orders
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/579 art. 2 3 commences (2004 c. 28)
- S.I. 2010/145 art. 2 Sch. commences (2009 c. 25)
- S.I. 2012/1432 art. 2 commences (2012 c. 4)
2 Restriction on institution of proceedings for a fatal offence.E+W+N.I.
(1)Proceedings to which this section applies may only be instituted by or with the consent of the Attorney General.
(2)This section applies to proceedings against a person for a fatal offence if—
(a)the injury alleged to have caused the death was sustained more than three years before the death occurred, or
(b)the person has previously been convicted of an offence committed in circumstances alleged to be connected with the death.
(3)In subsection (2) “fatal offence” means—
(a)murder, manslaughter, infanticide or any other offence of which one of the elements is causing a person’s death, or
(b)the offence of aiding, abetting, counselling or procuring a person’s suicide.
(4)No provision that proceedings may be instituted only by or with the consent of the Director of Public Prosecutions shall apply to proceedings to which this section applies.
(5)In the application of this section to Northern Ireland—
(a)the reference in subsection (1) to the Attorney General is to the Attorney General for Northern Ireland, and
(b)the reference in subsection (4) to the Director of Public Prosecutions is to the Director of Public Prosecutions for Northern Ireland.
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