Regulation of Legal Services (Scotland) Act 2025

93 Time limit for prosecution of offences

(1) Proceedings for an offence under section 31(1), 40(1), 90(1), 91(1) or 92(1) may be commenced within the period of 6 months beginning with the day on which relevant evidence came to the prosecutor’s knowledge.

(2) But no such proceedings may be commenced more than 2 years—

(a) after the commission of the offence, or

(b) in the case of a continuous contravention, after the last day on which the offence was committed.

(3) In the case of a continuous contravention, the complaint may specify the entire period during which the offence was committed.

(4) A certificate signed by or on behalf of a prosecutor stating the day on which relevant evidence came to the prosecutor’s knowledge is conclusive as to that fact (and such a certificate purporting to be so signed is to be regarded as being so signed unless the contrary is proved).

(5) Section 136(3) of the Criminal Procedure (Scotland) Act 1995 applies for the purposes of this section as it applies for the purposes of that section.

(6) In subsections (1) and (4), “relevant evidence” means evidence that the prosecutor believes is sufficient to justify the proceedings in question.