C7C4C5 Part III Criminal Proceedings
Pt. 3 extended (with modifications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1 (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Pt. 3 modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))
C628C5 Proceedings.
F8A1
Proceedings for an offence under this Part that is committed in the territorial sea adjacent to the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
C11
Where the offence is one to which, under section F524(3)F1. . . or 26 above, 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 within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by F2an officer of police above the rank of chief superintendent to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of F2the police force to which he belongs; and
b
summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and
c
a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.
F41A
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).
2
For purposes of F6subsections (1)(b) and (1A)(b) above proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in F6subsections (1)(b) and (1A)(b) came to his knowledge shall be conclusive evidence.
F32A
Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under F7this Part.
3
For the purposes of the trial of a person for an offence under this Part of this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.
C2C34
Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.
Pt. 3 extended (Isle of Man) (with modifications) (13.3.2008 for specified purposes and 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11; and (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 6(4)(5); and (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 8)