Part XXVII Offences

Institution of proceedings

C1C2C3C4C5403 Jurisdiction and procedure in respect of offences.

1

A fine imposed on an unincorporated association on its conviction of an offence is to be paid out of the funds of the association.

2

Proceedings for an offence alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

3

Rules of court relating to the service of documents are to have effect as if the association were a body corporate.

4

In proceedings for an offence brought against an unincorporated association—

a

section 33 of the M1Criminal Justice Act 1925 and Schedule 3 to the M2Magistrates’ Courts Act 1980 (procedure) apply as they do in relation to a body corporate;

b

section 70 of the M3Criminal Procedure (Scotland) Act 1995 (procedure) applies as if the association were a body corporate;

c

section 18 of the M4Criminal Justice (Northern Ireland) Act 1945 and Schedule 4 to the M5Magistrates’ Courts (Northern Ireland) Order 1981 (procedure) apply as they do in relation to a body corporate.

5

Summary proceedings for an offence may be taken—

a

against a body corporate or unincorporated association at any place at which it has a place of business;

b

against an individual at any place where he is for the time being.

6

Subsection (5) does not affect any jurisdiction exercisable apart from this section.

7

“Offence” means an offence under this Act.