321ELimitations on prosecution

321E Limitations on prosecution

(1) Where any enactment prohibits the institution or continuance of proceedings for an offence otherwise than by or with the consent of any person, the prohibition shall apply in relation to proceedings under section 321 for conspiracy to commit that offence.

(2) Where—

(a) an indictable offence has been committed in pursuance of an agreement; and

(b) proceedings may not be instituted for that offence because a time limit applicable to the institution of such proceedings has expired—

proceedings under section 321 for conspiracy to commit that offence shall not be instituted against any person on the basis of that agreement.

(3) A person shall not be liable to be convicted in respect of the same agreement of both—

(a) conspiracy under section 321; and

(b) conspiracy under any enactment other than section 321 or of conspiracy to cheat and defraud or of conspiracy to defraud.

S. 321F inserted by No. 10079 s. 7(2).