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Vehicles (Crime) Act 2001

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MiscellaneousE+W

37 Taking a conveyance without authority: extension of prosecution time-limitsE+W

(1)After section 12(4) of the Theft Act 1968 (c.60) (offence of taking a conveyance without authority) there shall be inserted—

(4A)Proceedings for an offence under subsection (1) above (but not proceedings of a kind falling within subsection (4) above) in relation to a mechanically propelled vehicle—

(a)shall not be commenced after the end of the period of three years beginning with the day on which the offence was committed; but

(b)subject to that, may be commenced at any time within the period of six months beginning with the relevant day.

(4B)In subsection (4A)(b) above “the relevant day” means—

(a)in the case of a prosecution for an offence under subsection (1) above by a public prosecutor, the day on which sufficient evidence to justify the proceedings came to the knowledge of any person responsible for deciding whether to commence any such prosecution;

(b)in the case of a prosecution for an offence under subsection (1) above which is commenced by a person other than a public prosecutor after the discontinuance of a prosecution falling within paragraph (a) above which relates to the same facts, the day on which sufficient evidence to justify the proceedings came to the knowledge of the person who has decided to commence the prosecution or (if later) the discontinuance of the other prosecution;

(c)in the case of any other prosecution for an offence under subsection (1) above, the day on which sufficient evidence to justify the proceedings came to the knowledge of the person who has decided to commence the prosecution.

(4C)For the purposes of subsection (4A)(b) above a certificate of a person responsible for deciding whether to commence a prosecution of a kind mentioned in subsection (4B)(a) above as to the date on which such evidence as is mentioned in the certificate came to the knowledge of any person responsible for deciding whether to commence any such prosecution shall be conclusive evidence of that fact.

(2)Subsection (1) applies in relation to offences committed on or after the day appointed for the purposes of this section by an order under section 44.

38 Unified power for Secretary of State to fund speed cameras etc.E+W

(1)The Secretary of State may make payments in respect of the whole or any part of the expenditure of a public authority in relation to—

(a)the prevention or detection of offences to which subsection (2) applies; or

(b)any enforcement action or proceedings in respect of such offences or any alleged such offences.

(2)This subsection applies to offences under—

(a)section 16 of the Road Traffic Regulation Act 1984 (c.27) which consist in contraventions of restrictions on the speed of vehicles imposed under section 14 of that Act;

(b)subsection (4) of section 17 of that Act which consist in contraventions of restrictions on the speed of vehicles imposed under that section;

(c)section 88(7) of that Act (temporary minimum speed limits);

(d)section 89(1) of that Act (speeding offences generally);

(e)section 36(1) of the Road Traffic Act 1988 (c.52) which consist in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed.

(3)Payments under this section shall be made to—

(a)the public authority in respect of whose expenditure the payments are being made; or

(b)any other public authority for payment, in accordance with arrangements agreed with the Secretary of State, to, or on behalf of, the public authority in respect of whose expenditure the payments are being made.

(4)Payments under this section shall be paid at such times, in such manner and subject to such conditions as the Secretary of State may determine.

(5)In this section “public authority” means—

(a)any highway authority (within the meaning of the Highways Act 1980 (c.66));

(b)any police authority established under section 3 of the Police Act 1996 (c.16), the Metropolitan Police Authority or the Common Council of the City of London in its capacity as a police authority;

(c)any responsible authority (within the meaning of section 55 of the Justices of the Peace Act 1997 (c. 25)) or the Greater London Magistrates’ Courts Authority; and

(d)any body or other person not falling within paragraphs (a) to (c) and so far as exercising functions of a public nature.

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