Regulation 18 Proceedings in Scotland

(1)

This regulation applies to proceedings in Scotland for an offence under these Regulations.

(2)

Proceedings may be brought within the period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge.

(3)

Proceedings must not be brought more than three years after—

(a)

the commission of the offence; or

(b)

in the case of an offence involving continuous contravention, the last date on which the offence was committed.

(4)

It is competent in a prosecution of an offence in Scotland involving a continuous contravention to include the entire period during which the contravention occurred.

(5)

For the purposes of this regulation, proceedings are deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted provided that the warrant is executed without undue delay.

(6)

A certificate stating the date on which evidence came into a prosecutor’s knowledge is—

(a)

if signed by or on behalf of the prosecutor, conclusive evidence of that fact; and

(b)

if purported to be so signed, to be treated as being so signed unless the contrary is proved.