Criminal Procedure and Investigations Act 1996

56 Time limits for proceedings. E+W+N.I.

(1) Where—

(a) an order is made under section 54(3) quashing an acquittal,

(b) by virtue of section 54(4) it is proposed to take proceedings against the acquitted person for the offence of which he was acquitted, and

(c) apart from this subsection, the effect of an enactment would be that the proceedings must be commenced before a specified period calculated by reference to the commission of the offence,

in relation to the proceedings the enactment shall have effect as if the period were instead one calculated by reference to the time the order is made under section 54(3).

(2) Subsection (1)(c) applies however the enactment is expressed so that (for instance) it applies in the case of—

(a) paragraph 10 of Schedule 2 to the M1 Sexual Offences Act 1956 (prosecution for certain offences may not be commenced more than 12 months after offence);

(b) section 127(1) of the M2 Magistrates’ Courts Act 1980 (magistrates’ court not to try information unless it is laid within 6 months from time when offence committed);

(c) an enactment that imposes a time limit only in certain circumstances (as where proceedings are not instituted by or with the consent of the Director of Public Prosecutions).

Extent Information

E1 In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79

Marginal Citations

M1 1956 c. 69.

M2 1980 c. 43.