(1)Subject to subsection (2) below, summary proceedings for an offence to which this section applies may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
(2)No such proceedings shall be brought 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 prosecutor and stating the date on which evidence sufficient in his opinion to warrant the 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)In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this section as it applies for the purposes of that.
(6)Schedule 1 to this Act shows the offences to which this section applies.
Cases considering section 6 7
[2009] EWHC 3177 (Admin) · 14 October 2009Interprets
The provision is used as the comparable statutory model for the test concerning evidence sufficient in the prosecutor’s opinion to justify proceedings. (see para [15])
The conclusive certificate provision is treated as materially equivalent to section 116(3) of the Social Security Administration Act 1992. A certificate may be displaced only on limited grounds such as facial inaccuracy or fraud. (see paras [15], [25])
[2009] EWHC 1069 (Admin) · 1 May 2009Interprets
Uses section 6 as the parallel statutory scheme for interpreting section 11 of the <span class="legis">Computer Misuse Act 1990</span>. Its identical wording made the earlier authority on section 6(3) relevant. (see paras [14], [18]-[20])
Uses section 6(1) as the corresponding limitation provision underlying the reasoning in <span class="cite_name">R v Haringey Magistrates’ Court, ex parte Amvrosiou</span> <span class="cite">[1996] EWHC Admin 14</span>. (see paras [14], [18]-[20])
Confirms that the corresponding certificate is conclusive, subject to the exceptional cases identified in <span class="cite_name">R v Haringey Magistrates’ Court, ex parte Amvrosiou</span> <span class="cite">[1996] EWHC Admin 14</span>. This reasoning was followed in construing section 11(4). (see paras [14], [18]-[20])
[2004] UKHL 6 · 26 February 2004
The six-month time limit explained why an interim report was prepared before completion of the police-complaints investigation.
What each judgment says about section 6 is in the case-law panel in the full Act.