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Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
36Time limit for proceedings for summary offences
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adran has no associated
Nodiadau Esboniadol
(1)In England and Wales an information relating to an offence under section 19(5) or 22 may be tried by a magistrates’ court if it is laid—
(a)at any time within three years after the commission of the offence, and
(b)within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
(2)In Scotland—
(a)proceedings for an offence under section 19(5) or 22 may be commenced—
(i)before the end of the period of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
(ii)not later than three years after the commission of the offence, and
(b)section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date when proceedings deemed to be commenced) applies for the purposes of this subsection as for the purposes of that section.
(3)In Northern Ireland a magistrates’ court has jurisdiction to hear and determine a complaint charging the commission of an offence under section 19(5) or 22 provided that the complaint is made—
(a)at any time within three years after the commission of the offence, and
(b)within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
(4)For the purposes of this section a certificate of the prosecutor (or, in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Yn ôl i’r brig