Part 4

Miscellaneous

Offences relating to pretending to be a regulated provider of legal services

Time limit for prosecution of offences
93
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.