Part IV General

Enforcement

39 Proceedings and venue in respect of offences.

1

No proceedings for an offence under the preceding provisions of this Act shall be instituted—

a

in England and Wales except by or with the consent of the Director of Public Prosecutions or the Director;

b

in Northern Ireland except by or with the consent of the Attorney General for Northern Ireland or the Director.

2

Any information relating to an offence under the preceding provisions of this Act may be tried by a magistrates’ court or by a court of summary jurisdiction in Northern Ireland, if it is laid at any time—

a

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 Director of Public Prosecutions, the Attorney General for Northern Ireland or the Director, as the case may be, to justify the proceedings comes to his knowledge;

notwithstanding anything in F2section 127(1) of the M1Magistrates’ Courts Act 1980 or in F3Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981.

3

Proceedings in Scotland for an offence against the preceding provisions of this Act may be commenced at any time—

a

within three years after the commission of the offence; and

b

within twelve months after the date on which evidence sufficient in the Director’s opinion to justify a report to the Lord Advocate with a view to consideration of the question of proceedings comes to the Director’s knowledge;

notwithstanding anything in F4section 136 of the Criminal Procedure (Scotland) Act 1995.

4

For the purposes of subsections (2) and (3) above, a certificate of the Director of Public Prosecutions, the Attorney General for Northern Ireland or the Director, as the case may be, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence.

5

An offence under section 38 above may be tried by a court having jurisdiction either in the county or place in which the offence was actually committed or in any county or place in which the alleged offender carries on business.

6

For the purposes of article 7(2) of the M2Prosecution of Offences (Northern Ireland) Order 1972 (which relates to consents to prosecutions by the Director of Public Prosecutions for Northern Ireland) subsections (1) and (2) above shall be treated as if they were in force before the coming into operation of that order.