OpenLegislation

Paragraph 17 I1C1C2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Section 28 (proceedings for offences) is amended as follows.

(2)

In subsection (1) for “24” substitute “ 24(3) ”.

(3)

After that subsection insert—

“(1A)

Where the offence is one to which, under section 24(3A), an extended time limit for prosecutions is to apply, then—

(a)

an information relating to the offence may in England and Wales be tried by a magistrates' court if it is laid—

(i)

within the period of six months beginning with the date of the commission of the offence, or

(ii)

within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i),

(b)

summary proceedings for the offence may in Scotland be commenced—

(i)

within the period of six months beginning with the date of the commission of the offence, or

(ii)

within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i), and

(c)

a complaint charging the commission of an offence under this paragraph may in Northern Ireland be heard and determined by a magistrates' court if it is made—

(i)

within the period of six months beginning with the date of the commission of the offence, or

(ii)

within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i).”

(4)

In subsection (2) for “subsection (1)(b)” substitute “ subsections (1)(b) and (1A)(b) ”.

Annotations

Modifications

C1

Sch. 10 applied by 2007 c. 30, s. 36(3A)-(3C) (as inserted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 40(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))

C2

Sch. 10 applied by 1971 c. 77, Sch. 3 para. 2(5)-(7) (as substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(2)(d); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2))

Commencement

I1

Sch. 10 para. 17 in force at 15.1.2018 by S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Notes on Schedule 10

Modifications

C2

Sch. 10 modified (15.1.2018 for specified purposes, 31.8.2021 for E.W. in so far as not already in force, 31.8.2022 for S.N.I. in so far as not already in force) by 1997 c. 68, Sch. 3 (as substituted by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 25; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2); S.I. 2021/939, reg. 2(b) (with Sch. para. 1, 2); S.I. 2022/863, regs. 1(2), 2(b))

C4

Sch. 10 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(b)(4)

Notes on Part 2

Modifications

C3

Sch. 10 modified (15.1.2018 for specified purposes, 31.8.2021 for E.W. in so far as not already in force, 31.8.2022 for S.N.I. in so far as not already in force) by 1997 c. 68, Sch. 3 (as substituted by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 25; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2); S.I. 2021/939, reg. 2(b) (with Sch. para. 1, 2); S.I. 2022/863, regs. 1(2), 2(b))