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6 Month Rule Explained
firefly
post Tue, 5 Oct 2004 - 14:57
Post #1


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Group: Members
Posts: 4,714
Joined: 3 Sep 2003
From: ex-Scotland
Member No.: 298



Hi all,

The '6 month rule' that is frequently talked about on these boards refers to how much time the CPS have to 'lay the information' with the court with a view to prosecuting. In effect, if the Police don't pass your file to them, you will be off the hook. The two most likely occasions where this would happen would be :

i) If you fail to respond to an Notice of Intended Prosecution (NIP)
ii) If the speed marked on the NIP was too great to be dealt with by way of a fixed penalty and required a court case.

The 6 month limit is enshrined in law. Namely, The Magistrates Court Act 1980 :
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127 Limitation of Time

(1) Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates' court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.

(2) Nothing in--
(a) subsection (1) above; or
( B) subject to subsection (4) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates' court to try an information summarily or impose a limitation on the time for taking summary proceedings,
shall apply in relation to any indictable offence.

(3) Without prejudice to the generality of paragraph ( B) of subsection (2) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).

(4) Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (2)( B) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.

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So for example; if you received an NIP which specified an alleged offence on the 1st January 2004, the speeding offence would 'time out' on the 2nd July 2004.
If you did not respond (or responded insufficiently) to the NIP, then the different charge of s172 (or failure to provide driver's identity) would time out 28 days + 6 months after the date on of service of the NIP: i.e. offence date 1st January, NIP date 5th January - so 28 days + 6 months after 5th. [Any offence of failing to provide the required information within 28 days of service of the notice is committed when that 28 day period expires].
Remember, though, that you are not yet safe on the 'time out' date.
The summons can arrive later, it is just that it is now too late to 'lay the information'.
If you know the court where the case would be heard, you can check with them that there is no information laid in your name.
Whilst in theory this can do no harm because it is too late, experience tells us that it is better to wait a week or so, because there would appear to be skullduggery in some areas.

This post has been edited by andy_foster: Thu, 27 Mar 2008 - 11:44


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Posts in this topic
- firefly   6 Month Rule Explained   Tue, 5 Oct 2004 - 14:57
- - jeffreyarcher   The 6 Month Rule in Scotland   Wed, 26 Oct 2005 - 01:19


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