127 Limitation of time.E+W
(1)Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.
(2)Nothing in—
(a)subsection (1) above; or
(b)subject to subsection (4) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates’ court to try an information summarily or impose a limitation on the time for taking summary proceedings,
shall apply in relation to any indictable offence.
(3)Without prejudice to the generality of paragraph (b) of subsection (2) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).
(4)Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (2) (b) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.
Modifications etc. (not altering text)
C1S. 127 excluded by Insurance Companies Act 1982 (c. 50, SIF 67), s. 94(2)
C2S. 127 excluded by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 121(2), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
S. 127 excluded (25.11.1991) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 65(9), 194(3) (as substituted (25.11.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 16(1) and 10(1) respectively; S.I. 1991/2728, art. 2 (for limited purposes))
C3S. 127 excluded (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss.202(5), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
C4S. 127 excluded (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 101, 225(2), (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
C5S. 127(1) modified by Transport Act 1982 (c. 49, SIF 107:1), ss. 38(3)(8), 49(13)(b)
C6S. 127(1) excluded by Companies Act 1985 (c. 6, SIF 27), s. 731(2)
C7S. 127(1) modified by Surrogacy Arrangements Act 1985 (c. 49, SIF 39:2), s. 4(6)
C9S. 127(1) excluded by Insolvency Act 1986 (c. 45, SIF 66), s. 431(2)
C10S. 127(1) excluded by Banking Act 1987 (c. 22, SIF 10), s. 97(2)
C11S. 127(1) modified by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), ss. 64(7)(b), 66(4), 92
C12S. 127(1) excluded by S.I. 1989/438, reg. 29(3)
C13S. 127(1) excluded by S.I. 1989/1058, reg. 12(3)
C14S. 127(1) excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 70(8), 108(6) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
C15S. 127(1) excluded by S.I. 1990/1768, art. 8(6) (as replaced by S.I. 1990/2144, art. 3)