OpenLegislation

Article 19 Time within which complaint charging offence must be made to give jurisdictionF1F2C1C2C3C4C5C6C7

Northern Ireland

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

C8C9C10C11C12C13C14C15C16C17(1)

Where no period of limitation is provided for by any other enactment—

C18C19C20C21C22C23C24C25C26C27C28C29C30C31C32C33C34C35C36C37C38C39C40C41(a)

a magistrates' court shall not have jurisdiction to hear and determine a complaint charging the commission of a summary offence other than an offence which is also triable upon indictment unless the complaint was made within six months from the time when the offence was committed or ceased to continue; and

(b)

a complaint charging the commission of an indictable offence may be made to a justice of the peace and dealt with at any time and, accordingly, a resident magistrate may at any time after an indictable offence was alleged to have been committed exercise any jurisdiction conferred on him by Articles 45 and 46 or by any other enactment to try that offence summarily.

(2)

Subject to paragraph (4), a complaint charging the commission of an offence which is both punishable upon summary conviction or triable upon indictment may be made and dealt with at any time and, accordingly, nothing in any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this Article impose a time-limit on the power of a magistrates' court to hear and determine a complaint charging the commission of a summary offence or impose a limitation on the time for taking summary proceedings shall apply in relation to any offence which is both punishable upon summary conviction or triable upon indictment.

(3)

Without prejudice to the generality of paragraph (2), that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions for Northern Ireland or some other specified authority).

(4)

Where as regards any indictable offence there is imposed by any enactment (however framed or worded and whether falling within paragraph (2) or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.

Annotations

Textual amendments

F1

mod. by SI 1994/1323, 2328

F2

mod. by 1985 c. 49

Modifications

C1

Art. 19 excluded (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 41(8)(b), 126(2)

C2

Art. 19 excluded (10.4.2009) by Iran (United Nations Sanctions) Order 2009 (S.I. 2009/886), art. 12(8)

C3

Art. 19 excluded (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), ss. 172(3), 254(1), (2) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

C4

Art. 19 excluded (12.10.2015) by The Nagoya Protocol (Compliance) Regulations 2015 (S.I. 2015/821), regs. 1(3), 16(5) (with regs. 1(5), 12)

C5

Art. 19 excluded by 2006 c. 36, s. 107(3C)(b) (as inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 13(2), 118(2) (with s. 13(4)))

C6

Art. 19(1)(a) modified (16.4.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021 (S.R. 2021/99), regs. 1(2), 32(6) (with regs. 37, 40)

C7

Art. 19 excluded (18.11.2023) by Animals (Low-Welfare Activities Abroad) Act 2023 (c. 45), ss. 3(2)(b), 7(2)

C8

Art. 19(1) excluded (26.5.2008) by Business Protection from Misleading Marketing Regulations 2008 (S.I. 2008/1276), reg. 10(6)

C9

Art. 19(1) excluded (26.5.2008) by Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 14(6) (with savings in reg. 28(2)(3))

C10

Art. 19(1) excluded (13.9.2010) by Forestry Act (Northern Ireland) 2010 (c. 10), ss. 34(1), 39(1) (with s. 37); S.R. 2010/309, art. 2, Sch.

C11

Art. 19(1) excluded by S.R. 1996/558, reg. 26A(1) (as inserted (1.1.2012) by Welfare of Animals (Slaughter or Killing) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/407), reg. 5)

C12

Art. 19(1) excluded by SR 1996/558 reg. 26A (as inserted (1.1.2012) by The Welfare of Animals (Slaughter or Killing) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/407), regs. 1, 5)

C13

Art. 19(1) excluded (30.4.2012) by The Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012 (S.I. 2012/1017), regs. 1(2), 71(4) (with regs. 73, 74)

C14

Art. 19(1) excluded (8.5.2012) by The Textile Products (Labelling and Fibre Composition) Regulations 2012 (S.I. 2012/1102), regs. 1, 7(6)

C15

Art. 19(1) excluded (temp.) by 1967 c. 36 (N.I.), s. 25W(2) (as modified (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 18 (with ss. 89, 90))

C16

Art. 19(1) excluded (1.11.2023) by Elections Act 2022 (c. 37), ss. 57(5), 67(1); S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)

C17

Art. 19(1) excluded (1.11.2023) by Elections Act 2022 (c. 37), ss. 57(11), 67(1); S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)

C18

Art. 19(1)(a) excluded (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 299(3) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with art. 3, Sch. 2)

C19

Art. 19(1)(a) modified (at 10.10 am. on 8.10.2008) by Landsbanki Freezing Order 2008 (S.I. 2008/2668), art. 10(5)

C20

Art. 19(1)(a) excluded by Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)), art. 16A(6) (as added (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 32(3), 36(1)(n))

C21

Art. 19(1)(a) modified (6.6.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 68(6), 111(3) (with Sch. 6 para. 7); S.R. 2012/214, art. 2(m)

C22

Art. 19(1)(a) modified (6.6.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 69(4)(b), 111(3) (with Sch. 6 para. 7); S.R. 2012/214, art. 2(m)

C23

Art. 19(1)(a) excluded (7.8.2014) by The Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014 (S.I. 2014/1615), regs. 1(2), 9(4)

C24

Art. 19(1)(a) excluded (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), ss. 244, 254(1), (2) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

C25

Art. 19(1)(a) applied (with modifications) (22.1.2016) by The Andrey Lugovoy and Dmitri Kovtun Freezing Order 2016 (S.I. 2016/67), arts. 1(1), 10(5)

C26

Art. 19(1)(a) excluded (1.2.2017) by The Single Common Market Organisation (Exceptional Adjustment Aid) Regulations (Northern Ireland) 2017 (S.R. 2017/13), regs. 1(2), 14(5)

C27

Art. 19(1)(a) excluded (1.3.2017) by The Areas of Natural Constraint Regulations (Northern Ireland) 2017 (S.R. 2017/8), regs. 1, 16(5)

C28

Art. 19(1)(a) modified (22.1.2018 at 12 noon) by The Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018 (S.I. 2018/60), arts. 1(1), 10(5)

C29

Art. 19(1)(a) modified (19.1.2020) by The Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 (S.I. 2020/36), arts. 1, 10(5) (with art. 1(3))

C30

Art. 19(1)(a) modified (temp.) (28.3.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020 (S.R. 2020/55), regs. 1(1), 13(6) (with reg. 15)

C31

Art. 19(1)(a) modified (temp.) (28.3.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020 (S.R. 2020/55), regs. 1(1), 14(4)(b) (with reg. 15)

C32

Art. 19(1)(a) modified (23.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/150), regs. 1(1), 13(6) (with reg. 15)

C33

Art. 19(1)(a) modified (23.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/150), regs. 1(1), 14(4)(b) (with reg. 15)

C34

Art. 19(1)(a) modified (23.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020 (S.R. 2020/151), regs. 1, 12(6) (with reg. 15)

C35

Art. 19(1)(a) modified (14.12.2020) by S.R. 2020/90, reg. 8D(4)(b) (as inserted by The Health Protection (Coronavirus, International Travel) (Amendment No. 25) Regulations (Northern Ireland) 2020 (revoked) 2020 (S.R. 2020/326), regs. 1(3), 6)

C36

Art. 19(1)(a) modified (temp.) (9.4.2021) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (S.R. 2021/93), regs. 1(1), 27(5) (with reg. 31)

C37

Art. 19(1)(a) modified (temp.) (9.4.2021) by The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (S.R. 2021/93), regs. 1(1), 28(4)(b) (with reg. 31)

C38

Art. 19(1)(a) modified (16.4.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021 (S.R. 2021/99), regs. 1(2), 33(4)(b) (with regs. 37, 40)

C39

Art. 19(1)(a) modified (23.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020 (S.R. 2020/151), regs. 1, 13(4)(b) (with reg. 15) (as amended (23.7.2021) by The Health Protection (Coronavirus, Wearing of Face Coverings) (Amendment No. 3) Regulations (Northern Ireland) 2021 (S.R. 2021/216), regs. 1, 2(2))

C40

Art. 19(1)(a) modified (11.2.2022 at 4.00 a.m.) by S.R. 2021/102, reg. 11F(6) (as inserted by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/43), regs. 1(4), 13 (with reg. 1(5)))

C41

Art. 19(1)(a) modified (11.2.2022 at 4.00 a.m.) by S.R. 2021/102, reg. 11G(4)(b) (as inserted by The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/43), regs. 1(4), 13 (with reg. 1(5)))