Part IIIU.K. Miscellaneous, General and Supplemental Provisions

Modifications etc. (not altering text)

C1Pt. III (ss. 117-154) excluded (retrospective to 5.11.1993) by 1994 c. 9, s. 252, Sch. 24 para. 4(1)

SupplementalU.K.

148 Proceedings in Scotland.S

(1)Subject to subsection (2) below, summary proceedings for an offence under this Act which is triable either on indictment or summarily may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to his knowledge.

(2)No such proceedings shall be commenced by virtue of this section more than three years after the commission of the offence.

(3)For the purposes of this section, a certificate signed by or on behalf of the procurator fiscal and stating the date on which evidence sufficient in his opinion to warrant proceedings came to his knowledge shall be conclusive evidence of that fact.

(4)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(5)Subsection (3) of [F1section 136 of the Criminal Procedure (Scotland) Act 1995] (which relates to the date of commencement of proceedings) shall apply for the purposes of this section as it applies for the purposes of that section.

(6)This section extends to Scotland only.

Textual Amendments

F1Words in s. 148(5) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 88