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Proceedings for an offence under this Part


(1) Summary proceedings for an offence under this Part may, without prejudice toany jurisdiction exercisable apart from this subsection, be taken against any body,including an unincorporated association, at any place at which it has a place ofbusiness, and against an individual at any place at which the individual is for the timebeing.
(2) Subsections (3) to (7) apply to—


(a) an offence within section 50(2)(a) or (b) (offences in relation to which theCommission may exercise enforcement functions), and
(b) an offence under section 49(4) or 51(3) (order or notice to take downelectronic material).


(3) Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offenceis triable by a magistrates’ court in England and Wales, any information relating to theoffence may be so tried if it is laid at any time within three years after the commissionof the offence and within six months after the relevant date.
(4) Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995,summary proceedings for the offence may be commenced in Scotland at any timewithin three years after the commission of the offence and within six months afterthe relevant date; and subsection (3) of that section applies for the purposes of thissubsection as it applies for the purposes of that section.
(5) Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order1981 (S.I. 1981/1675 (N.I. 26)), if the offence is triable by a court of summaryjurisdiction in Northern Ireland, a complaint relating to the offence may be so triedif it is made at any time within three years after the commission of the offence andwithin six months after the relevant date.
6) In subsections (3) to (5) “the relevant date” means the date on which evidencesufficient in the opinion of the prosecutor to justify proceedings comes to theprosecutor’s knowledge.
(7) For the purposes of subsection (6) a certificate of any prosecutor as to the date onwhich such evidence came to the prosecutor’s knowledge is conclusive evidence ofthat fact.
(8) Subsections (9) to (15) apply to an offence under this Part other than—
(a) an offence within section 50(2)(a) or (b), or
(b) an offence under section 49(4) or 51(3).
(9) Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offenceis triable by a magistrates’ court in England and Wales, any information relating to theoffence may be so tried if it is laid at any time within one year after the commissionof the offence.
(10) Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995,summary proceedings for the offence may be commenced in Scotland at any timewithin one year after the commission of the offence; and subsection (3) of that sectionapplies for the purposes of this subsection as it applies for the purposes of that section.
(11) Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order1981, if the offence is triable by a court of summary jurisdiction in Northern Ireland,a complaint relating to the offence may be so tried if it is made at any time within oneyear after the commission of the offence.
(12) A magistrates’ court in England and Wales may act under subsection (13) if satisfiedon an application by a constable or a Crown prosecutor—


(a) that there are exceptional circumstances which justify the granting of theapplication, and
(b) that there has been no undue delay in the investigation of the offence to whichthe application relates.


(13) The magistrates’ court may extend the time within which proceedings must becommenced in pursuance of subsection (9) to not more than two years after thecommission of the offence.
(14) An application under subsection (12) must be made not more than one year after thecommission of the offence.
(15) Any party to an application under subsection (12) who is aggrieved by the refusal ofthe magistrates’ court to act under subsection (13) may appeal to the Crown Court.