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Magistrates’ Courts Act 1980

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Magistrates’ Courts Act 1980, Section 127 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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127 Limitation of time.E+W

(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.

Modifications etc. (not altering text)

C4S. 127 excluded: (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 202(5), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6); and (28.10.1992) by S.I. 1992/2372, reg.90

S. 127 excluded (1.4.1997) by S.I. 1997/704, rule 5(1)(7)(a)

S. 127 excluded (25.7.2003 for specified purposes and 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 174(1), 411(5) (with Sch. 18); S.I. 2003/1900, art. 1(2), 2, 3(1), Sch. 1; S.I. 2003/3142, art. 3(2) (with art. 11)

S. 127 excluded (5.4.2004) by 1976 c. 63, s. 6(10) (as inserted by Criminal Justice Act 2003 (c. 44), ss. 15(3), 336 (with s. 141); S.I. 2004/829, art. 2(2)(b) (subject to art. 2(3)-(6))

S. 127 excluded (7.3.2005) by S.I. 2005/281, reg. 93

S. 127 excluded (1.10.2005) by S.I. 2005/1803, reg. 41(1)

S. 127 excluded (8.2.2007) by 2006 c. 36, ss. 41(8)(a), 126

S. 127 excluded (20.7.2007) by 2006/3418, {reg. 54} (with regs. 7-14, 63, 64)

C5S. 127 restricted (1.10.2009) by Planning Act 2008 (c. 29), ss. 58(6)(7), 226, 241; S.I. 2009/2260, art. 2

C6S. 127 excluded by S.I. 2010/60, rule 62.16 (as substituted (4.4.2011) by The Criminal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/3026), rules 1, 9, Sch. 2)

C10S. 127 excluded by 1990 c. 11, s. 26J(3) (as inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 61, 103(3); S.I. 2014/416, art. 3(b))

C15S. 127 excluded by Wireless Telegraphy Act 2006 (c. 36), s. 107(3C)(a) (as inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 13(2), 118(2) (with s. 13(4)))

C17S. 127 excluded (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 357, 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C18S. 127 excluded (5.7.2021 in relation to the metropolitan police district for the specified period) by Offensive Weapons Act 2019 (c. 17), ss. 14(9), 70(1); S.I. 2021/762, regs. 1(2), 2(1) (with reg. 3(2)(3))

C19S. 127 excluded (5.7.2021 in relation to the metropolitan police district for the specified period) by Offensive Weapons Act 2019 (c. 17), ss. 18(8), 70(1); S.I. 2021/762, regs. 1(2), 2(1) (with reg. 3(1))

C26S. 127(1) excluded by Banking Act 1987 (c. 22, SIF 10), s. 97(2)

S. 127(1) excluded (23.5.1994) by S.I. 1994/1323, art. 17(7)

S. 127(1) excluded (19.10.1994) by S.I. 1994/2673, art. 13(7)

S. 127 excluded (1.4.1997) by S.I. 1997/704, rule 5(1)(7)(a)

S. 127(1) excluded (1.7.1999) by 1985 c. 23, s. 22B(4) (as inserted by 1998 c. 37, ss.45, 121(2); S.I. 1999/1279, art. 2)

S. 127(1) excluded (3.2.1995) by 1991 c. 53, s. 20A (as inserted by 1994 c. 33, s. 168(1), Sch. 9 para.43; S.I. 1995/127, art. 2(1), Sch. 1Appendix A)

S. 127(1) excluded (1.11.1997) (temp.) by S.I. 1997/2592, art. 12(7)

C28S. 127(1) excluded by S.I. 1989/438, reg. 29(3)

C29S. 127(1) excluded by S.I. 1989/1058, reg. 12(3)

C30S. 127(1) excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 70(8), 108(6), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

C31S. 127(1) excluded by S.I. 1990/1768, art. 8(6) (as replaced by S.I. 1990/2144, art. 3)

C32S. 127(1) excluded: (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 20(4), 101(1), Sch. 12 para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch.2; and (1.4.1992) by S.I. 1992/613, reg. 34(3); and (15.4.1992) by S.I. 1992/975, art. 16(7); and (5.6.1992) by S.I. 1992/1302, art. 17(7); and (1.5.1993) by S.I. 1993/1188, art. 16(6); and (24.5.1993) by S.I. 1993/1244, art. 22(8); and (22.7.1993) by S.I. 1993/1784, art. 13(7); and (22.7.1993) by S.I. 1993/1787, art. 10(7); and (1.10.1993) by S.I. 1993/2355, art. 12(7); and (1.12.1993) by S.I. 1993/2807, art. 19(7)

S. 127(1) excluded (25.10.1999) by 1973 c. 35, s. 11A(2) (as inserted (25.10.1999) by 1999 c. 26, s. 31, Sch. 7 paras. 1, 5; S.I. 1999/2830, 2(1), Sch. 1 Pt. I)

S. 127(1) excluded (26.11.1999) by S.I. 1999/3133, art. 8(7)

C33S. 127(1) amended (4.7.1996) by 1996 c. 25, s. 56 (with s. 78(1))

S. 127(1) excluded (3.6.1999) by S.I. 1999/1516, reg. 9(4)

S. 127(1) excluded (16.6.2000) by S.I. 2000/1556, art. 17

S. 127(1) excluded (25.8.2000) by 2000 c. 6, ss. 126(6), 168(1)

S. 127(1) excluded (16.2.2001) by 2000 c. 41, s. 151(2) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I

S. 127(1) excluded (16.3.2001) by S.I. 2001/947, art. 16(7)

S. 127(1) excluded (10.10.2001) by S.I. 2001/3365, art. 10(5)

S. 127(1) excluded (14.12.2001) by 2001 c. 24, ss. 6, 127(2), Sch. 3 para. 8(4) (with s. 14(3))

S. 127(1) excluded (24.10.2002) by S.I. 2002/2628, art. 16(7)

S. 127(1) excluded (25.1.2002) by S.I. 2002/111, art. 20(8)

S. 127(1) excluded (14.1.2003) by 1981 c. 22, s. 71A (as inserted by 2002 c. 42, s. 14); S.I. 2002/3044 art. 2(a)

S. 127(1) excluded (14.6.2003) by S.I. 2003/1519, art. 20(7)

S. 127(1) excluded (13.2.2004) by S.I. 2004/348, art. 15(7)

S. 127(1) excluded (11.2.2005) by S.I. 2005/253, reg. 9(7)

S. 127(1) excluded (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 162(6), 336; S.I. 2005/950, art. 2, Sch. 1 para. 7 (subject to art. 2(2) and Sch. 2)

S. 127(1) excluded (21.8.2006) by 1984 c. 55, s. 35A(1) (as inserted by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 13(1), 28

S. 127(1) excluded (21.5.2007) by Gambling Act 2005 (c. 19), ss. 347(2), 361 (with ss. 352, 354); S.I. 2006/3272, art. 2(4), Sch. 2 (as amended by S.I. 2007/1157, arts. 3(3), 4(2)(3)(c))

S. 127(1) excluded (27.3.2007 for W. and 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), ss. 31(1), 68 (with ss. 1(2), 58(1), 59 and 60); S.I. 2007/1030, art. 2(1)(e); S.I. 2007/499, art. 2(2)(g)

C34S. 127(1) modified (7.2.2005) by Licensing Act 2003 (c. 17), ss. 186(3), 201 (with ss.2(3), 15(2), 195); S.I. 2004/2360, art. 2

C35S. 127(1) excluded by 1998 c. 37, s. 13B(7) (as inserted (20.7.2006 for certain purposes, otherwise prosp.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178, Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch.

C36S. 127(1) excluded (26.5.2008) by The Business Protection from Misleading Marketing Regulations 2008 (S.I. 2008/1276), reg. 10(3)

C37S. 127(1) excluded (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 14(3) (with savings in reg. 28(2)(3))

C38S. 127(1) excluded (10.10 a.m. on 8.10.2008) by The Landsbanki Freezing Order 2008 (S.I. 2008/2668), art. 10(3)

C43S. 127(1) excluded by Public Health (Control of Disease) Act 1984 (c. 22), s. 64A(1) (as inserted (6.4.2010 for E.) (26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 22; S.I. 2010/708, art. 6(e) (with Sch. 2), S.I. 2010/1547, art. 2(e))

C44S. 127(1) excluded by S.I. 1995/731, reg. 26A(1) (as inserted (E.) (6.4.2012) by The Welfare of Animals (Slaughter or Killing) (Amendment) (England) Regulations 2012 (S.I. 2012/501), regs. 1(c), 4)

C55S. 127(1) excluded (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 36(5), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C56S. 127(1) excluded (1.11.2023) by Elections Act 2022 (c. 37), ss. 57(3)(9), 67(1); S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)

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