Regulation 11 Proceedings
Proceedings against any person for an offence may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid—
before the end of twelve months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge, but
not later than three years from the commission of the offence.
In Scotland—
summary proceedings for an offence may be commenced—
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, but
not later than three years from the commission of the offence; and
section 136(3) of the Criminal Procedure (Scotland) Act 1995f1 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
In Northern Ireland, summary proceedings for an offence may be instituted—
before the end of twelve months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge, but
not later than three years from the commission of the offence.
For the purposes of this regulation—
a certificate signed by or on behalf of the prosecutor or the Lord Advocate as to the date on which such evidence as is referred to in paragraphs (2) to (4) came to the prosecutor’s or the Lord Advocate’s knowledge is conclusive evidence of that fact, and
a certificate purporting to be so signed is presumed to be so signed unless the contrary is proved.
No proceedings for an offence, other than for a summary offence, may be instituted in England, Wales or Northern Ireland except with the consent of the Attorney General or, as the case may be, the Advocate General for Northern Ireland.
Whether or not such consent has been given, paragraph (6) does not prevent—
the arrest of any person in respect of an offence, or
the remand in custody or on bail of any person charged with an offence.
Until the coming into force of section 27 of the Justice (Northern Ireland) Act 2002 (Advocate General)f2, the reference in paragraph (6) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
In this regulation, “offence” means an offence under these Regulations.