68 Summary proceedings.S
(1)[F1Subject to subsection (1A) below,]summary proceedings for an offence under this Act may be commenced at any time within the period of [F212] months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge.
F1[(1A)No such proceedings shall be commenced by virtue of this section more than three years after the commission of the offence.]
(2)Subsection (3) of [F3section 136 of the Criminal Procedure (Scotland) Act 1995] (date of commencement of summary proceedings) shall have effect for the purposes of subsection (1) above as it has effect for the purposes of that section.
(3)For the purposes of subsection (1) above, a certificate of the Lord Advocate as to the date on which the evidence in question came to his knowledge is conclusive evidence of the date on which it did so.
Textual Amendments
F1Words at the beginning of s. 68(1) inserted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 27(2)(a) (with s. 12(6)); S.I. 1993/438, art. 3
S. 68(1A) inserted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 27(3) (with s. 12(6)); S.I. 1993/438, art. 3
F2Words in s. 68(1) substituted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 27(2)(b) (with s. 12(6)); S.I. 1993/438, art. 3
F3Words in s. 68(2) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 58(5)