sec.356Proceedings for offences

### sec.356 Proceedings for offences Subject to subsections (3) to (6) , offences against this Act may be prosecuted in a summary way under the Justices Act 1886 . A prosecution for an offence against this Act may be started within the later of the following periods to end— within 1 year from the time when the matter of complaint arose; within 6 months after the matter of complaint comes to the knowledge of the commissioner, but within 5 years after the offence is committed. A serious offence may be prosecuted in a summary way under the Justices Act 1886 or upon indictment. Where proceedings for a serious offence are taken with a view to summary conviction of the defendant, the court, if it forms the opinion that the matter should not be determined summarily or if the defendant requires that the matter be dealt with upon indictment, must abstain from determining the matter summarily. Instead of dealing with the proceedings as proceedings with a view to the committal of the defendant for trial or sentence the court may exercise in respect of the defendant for the purpose of such proceedings all the powers conferred on it by law as though the proceedings were proceedings with a view to committal in the first instance. Where the court abstains from determining a matter summarily under subsection (4) , a plea of the defendant, if taken at the outset of the summary proceedings, is to be disregarded and, before committing the defendant for trial or for sentence, the court must address the defendant under the Justices Act 1886 , section 104 . A conviction upon indictment for a serious offence is, and has effect in law as, a conviction for an indictable offence. In this section— serious offence means an offence against section 102 , 227 (1) , 265 (1) or (2) , 267 (3) , 268 (2) , 271 (2) , 286 (1) or (2) , 287 (8) , 290 (1) or (2) , 291 (1) , (3) or (4) , 292 (1) , 294 (1) or (3) , 325 , 346 , 349 or 350 . s 356 amd 1992 No. 35 sch; 1997 No. 24 s 61 sch ; 1998 No. 11 s 19 ; 1999 No. 8 s 116 ; 1999 No. 77 s 147 ; 2000 No. 51 s 82 ; 2004 No. 21 s 123 sch ; 2012 No. 25 s 101 ; 2013 No. 25 s 94 (sec.356-ssec.1) Subject to subsections (3) to (6) , offences against this Act may be prosecuted in a summary way under the Justices Act 1886 . (sec.356-ssec.2) A prosecution for an offence against this Act may be started within the later of the following periods to end— within 1 year from the time when the matter of complaint arose; within 6 months after the matter of complaint comes to the knowledge of the commissioner, but within 5 years after the offence is committed. (sec.356-ssec.3) A serious offence may be prosecuted in a summary way under the Justices Act 1886 or upon indictment. (sec.356-ssec.4) Where proceedings for a serious offence are taken with a view to summary conviction of the defendant, the court, if it forms the opinion that the matter should not be determined summarily or if the defendant requires that the matter be dealt with upon indictment, must abstain from determining the matter summarily. (sec.356-ssec.5) Instead of dealing with the proceedings as proceedings with a view to the committal of the defendant for trial or sentence the court may exercise in respect of the defendant for the purpose of such proceedings all the powers conferred on it by law as though the proceedings were proceedings with a view to committal in the first instance. (sec.356-ssec.6) Where the court abstains from determining a matter summarily under subsection (4) , a plea of the defendant, if taken at the outset of the summary proceedings, is to be disregarded and, before committing the defendant for trial or for sentence, the court must address the defendant under the Justices Act 1886 , section 104 . (sec.356-ssec.7) A conviction upon indictment for a serious offence is, and has effect in law as, a conviction for an indictable offence. (sec.356-ssec.8) In this section— serious offence means an offence against section 102 , 227 (1) , 265 (1) or (2) , 267 (3) , 268 (2) , 271 (2) , 286 (1) or (2) , 287 (8) , 290 (1) or (2) , 291 (1) , (3) or (4) , 292 (1) , 294 (1) or (3) , 325 , 346 , 349 or 350 . - (a) within 1 year from the time when the matter of complaint arose; - (b) within 6 months after the matter of complaint comes to the knowledge of the commissioner, but within 5 years after the offence is committed.