Criminal Procedure (Scotland) Act 1995

Changes over time for: Section 136

Version Superseded: 02/01/2013

Alternative versions:

Status:

Point in time view as at 14/08/2012. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Section 136 is up to date with all changes known to be in force on or before 29 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

136 Time limit for certain offences.S

(1)Proceedings under this Part of this Act in respect of any offence to which this section applies shall be commenced—

(a)within six months after the contravention occurred;

(b)in the case of a continuous contravention, within six months after the last date of such contravention,

and it shall be competent in a prosecution of a contravention mentioned in paragraph (b) above to include the entire period during which the contravention occurred.

(2)This section applies to any offence triable only summarily and consisting of the contravention of any enactment, unless the enactment fixes a different time limit.

(3)For the purposes of this section proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if the warrant is executed without undue delay.

Modifications etc. (not altering text)

C1 S. 136(3): savings for effects of S.I. 2011/548 art. 15(3)(b) by S.I. 2011/548 art. 19 (as inserted (3.3.2011) by The Libya (Asset-Freezing) Regulations 2011 (S.I. 2011/605), regs. 1(1), 20 (with reg. 18))

C2 S. 136 excluded (1.4.1999) by 1998 c. 39 , s. 33(4) ; S.I. 1998/2574, art. 2(2), Sch. 2

S. 136 excluded (3.6.1999) by S.I. 1999/1516, reg. 9(5)

S. 136 excluded (25.10.1999) by 1973 c. 35, s. 11A(3) (as inserted (25.10.1999) by 1999 c. 26, s. 31, Sch. 7 para. 5); S.I. 1999/2830, art. 2(1), Sch. 1, Pt. I

S. 136 excluded (16.2.2001) by 2000 c. 41, s. 151(3); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II )

S. 136 excluded (16.3.2001 in accordance with art. 1(2)(3) of the amending S.I.) by S.I. 2001/947, art. 16(8)

S. 136 excluded (10.10.2001 in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3365, art. 10(6)

S. 136 excluded (25.1.2002) by S.I. 2002/111, art. 20(9)

S. 136 excluded (24.10.2002) by S.I. 2002/2628, art. 16(8)

S. 136 excluded (14.6.2003) by S.I. 2003/1519, art. 20(8)

S. 136 excluded (13.2.2004) by S.I. 2004/348, art. 15(8)

S. 136 excluded (11.2.2005) by S.I. 2005/253, art. 9(8)

S. 136 excluded (7.3.2005) by S.I. 2005/281, reg. 93