Section 136A Time limits for transferred and related casesF1

Scotland

(1)

This section applies where the prosecutor recommences proceedings by complaint containing both—

(a)

a charge to which proceedings—

(i)

transferred to a court by authority of an order made F2under section 137A or 137CA of this Act; or

(ii)

transferred to, or taken at, a court by authority of an order made F3under 137B or 137CB of this Act,

relate; and

(b)

a charge to which previous proceedings at that court relate.

(2)

Where this section applies, proceedings for an offence charged in that complaint are, for the purposes of—

(a)

section 136 of this Act (so far as applying to the offence);

(b)

any provision of any other enactment for a time limit within which proceedings are to be commenced (so far as applying to the offence); and

(c)

any rule of law relating to delay in bringing proceedings (so far as applying to the offence),

to be regarded as having been commenced when any previous proceedings for the offence were first commenced.

Annotations

F1: S. 136A inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) , ss. 23 , 84 ; S.S.I. 2008/42 , art. 3 , Sch. (subject to arts. 4 - 6)
F2: Words in s. 136A(1)(a)(i) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , s. 206(1) , sch. 7 para. 52(a) ; S.S.I. 2011/178 , art. 2 , sch.
F3: Words in s. 136A(1)(a)(ii) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , s. 206(1) , sch. 7 para. 52(b) ; S.S.I. 2011/178 , art. 2 , sch.