Electoral Administration Act 2006

Electoral Administration Act 2006

2006 CHAPTER 22

Commentary on Sections

Part 8: Miscellaneous

Criminal proceedings

Section 70 Time limit for prosecutions

400. This section inserts new subsections (2A) to (2G) into section 176 of the 1983 Act.

401. New subsections (2A) and (2B) enable magistrates’ courts (in England and Wales) to extend the time for commencing proceedings from 12 months to no more than 24 months. The court can only grant the extension of time if satisfied that there are exceptional circumstances and that there has been no undue delay in the investigation of the said offence.

402. The new subsections (2C) and (2D) enable a magistrates’ court, if it grants an extension of the time, to direct the relevant registration officer who is keeping the election documentation not to destroy that documentation (which rule 57 would otherwise require), and to extend the period of retention of that documentation for up to a further 12 months.

403. The new subsection (2G) provides for a right of appeal to the Crown Court against a refusal of the magistrates’ court to act under subsection (2B) or to make an order under subsection (2D).