Section 186 Complaints.

Northern Ireland

F1(1)

A complaint charging the commission of a summary offence under any provision of this Act may be heard and determined by a court of summary jurisdiction whether or not the complainant is an authorised person for the purposes of Part XI.

(2)

Notwithstanding anything in Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981, summary proceedings for an offence under section 45 (including that section as applied by section 7A), or Part VII may be brought at any time within the period of six months from the date on which evidence, sufficient in the opinion of F2the Department to justify a prosecution for the offence, comes to the knowledge of the Department ; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.

(3)

For the purposes of subsection (2) a certificate purporting to be signed F3on behalf of the Department , as to the date on which such evidence as aforesaid came to the knowledge of the Department , shall be conclusive evidence thereof.

Annotations

Textual amendments

F1: 1991 NI 13
F2: S. 186(2)(3): words in Act substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(1)(a) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)
F3: Words in s. 186(3) substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(39) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)

Notes on the whole Act

Textual amendments

F1: App. (hovercraft), SI 1972/971