sec.23CVenue of hearing complaint to be determined subject to this section

### sec.23C Venue of hearing complaint to be determined subject to this section Section 139 shall apply in respect of a complaint of a simple offence or breach of duty to which this subsection refers subject to the following provisions— when a simple offence or breach of duty has been committed within a district and within 800m of the common boundary of 2 or more divisions of that district a complaint of such offence or breach may be heard and determined within any of those divisions; when a simple offence or breach of duty has been committed within a district a complaint of such offence or breach may be heard and determined within a division of that district in which division the defendant resides or is reasonably believed by the complainant at the time of making the complaint to reside or be; when a simple offence or breach of duty has been committed at a place which is not within any district but within 35km of a boundary of a division of a district which is not a common boundary between 2 or more divisions of that district a complaint of such offence or breach may be heard and determined within the division such boundary of which is nearest by direct measurement to the place of commission of such offence or breach but, subject to the following provisions of this Act, within no other division of that district or of any other district; however, where such an offence or breach has been committed at a place equidistant by direct measurement from such a boundary of 2 or more divisions (whether of the same district or different districts) a complaint of such offence or breach may be heard and determined in any of such divisions; save as is prescribed by this Act a complaint of a simple offence or breach of duty committed within a division shall not be heard and determined within any other division of the same district or within a division of any other district. No provision of subsection (1) shall be construed to prejudice the jurisdiction conferred by section 139 upon a court situated elsewhere than within a district. s 23C (prev 1965 No. 43 s 8 ) amd 1972 No. 31 s 6 sch ; 1995 No. 58 s 4 sch 1 reloc 1995 No. 58 s 4 sch 1 (sec.23C-ssec.1) Section 139 shall apply in respect of a complaint of a simple offence or breach of duty to which this subsection refers subject to the following provisions— when a simple offence or breach of duty has been committed within a district and within 800m of the common boundary of 2 or more divisions of that district a complaint of such offence or breach may be heard and determined within any of those divisions; when a simple offence or breach of duty has been committed within a district a complaint of such offence or breach may be heard and determined within a division of that district in which division the defendant resides or is reasonably believed by the complainant at the time of making the complaint to reside or be; when a simple offence or breach of duty has been committed at a place which is not within any district but within 35km of a boundary of a division of a district which is not a common boundary between 2 or more divisions of that district a complaint of such offence or breach may be heard and determined within the division such boundary of which is nearest by direct measurement to the place of commission of such offence or breach but, subject to the following provisions of this Act, within no other division of that district or of any other district; however, where such an offence or breach has been committed at a place equidistant by direct measurement from such a boundary of 2 or more divisions (whether of the same district or different districts) a complaint of such offence or breach may be heard and determined in any of such divisions; save as is prescribed by this Act a complaint of a simple offence or breach of duty committed within a division shall not be heard and determined within any other division of the same district or within a division of any other district. (sec.23C-ssec.2) No provision of subsection (1) shall be construed to prejudice the jurisdiction conferred by section 139 upon a court situated elsewhere than within a district. - (a) when a simple offence or breach of duty has been committed within a district and within 800m of the common boundary of 2 or more divisions of that district a complaint of such offence or breach may be heard and determined within any of those divisions; - (b) when a simple offence or breach of duty has been committed within a district a complaint of such offence or breach may be heard and determined within a division of that district in which division the defendant resides or is reasonably believed by the complainant at the time of making the complaint to reside or be; - (c) when a simple offence or breach of duty has been committed at a place which is not within any district but within 35km of a boundary of a division of a district which is not a common boundary between 2 or more divisions of that district a complaint of such offence or breach may be heard and determined within the division such boundary of which is nearest by direct measurement to the place of commission of such offence or breach but, subject to the following provisions of this Act, within no other division of that district or of any other district; - (ca) however, where such an offence or breach has been committed at a place equidistant by direct measurement from such a boundary of 2 or more divisions (whether of the same district or different districts) a complaint of such offence or breach may be heard and determined in any of such divisions; - (d) save as is prescribed by this Act a complaint of a simple offence or breach of duty committed within a division shall not be heard and determined within any other division of the same district or within a division of any other district.