Campaign

15Campaign offences: summary proceedings

1

Summary proceedings for a campaign offence may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken—

a

against any body, including an unincorporated association, at any place at which it has a place of business, and

b

against an individual at any place at which the individual is for the time being.

2

Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences), summary proceedings for a campaign offence may be commenced at any time within 3 years after the commission of the offence and within 6 months after the relevant date; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.

3

In this section “the relevant date” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the prosecutor’s knowledge.

4

For the purposes of subsection (3) a certificate of any prosecutor as to the date on which such evidence as is there mentioned came to the prosecutor’s knowledge is conclusive evidence of that fact.