Summary Offences Limitation of Time: Section 127 of the Magistrates' Courts Act 1980

In the case of the most summary offences, there is a strict time-limit that prosecutors need to comply with if they wish to take the matter to court.

Summary offences are those that the Magistrates' Court is empowered to deal with until completion. All non-imprisonable motoring offences are summary offences, as are less serious public order offences. A few summary offences are imprisonable, such as driving whilst disqualified and driving whilst unfit (or over the prescribed limit) through drink or drugs.

In my Commencement of Proceedings in the Magistrates' Court article I discussed the different ways an allegation can be referred to the court for prosecution.

Section 127 of the Magistrates' Court Act 1980 states that, generally speaking, the court can only try a complaint or hear an information within 6 months of the time the offence was committed or the matter of the complaint arose. If the clock ticks beyond 6 months and an information hasn't been laid, the offence cannot be prosecuted.

By way of a simple example, say a driver had been identified in relation to a speeding offence. If the police failed to inform the court within 6 months, then no further action could be taken in relation to that offence.

A recent appeal to the Divisional Court (Luton Borough Council v Altavon Luton Ltd & Ors [2019] EWHC 2415 (Admin)) determined that in the case of ongoing summary offences - in that case ongoing breaches of housing legislation - the 6 month time limit does not begin until the last known date of the commission of the offence. 

The 6 month rule applies to all summary offences, except where the relevant legislation specifically states otherwise. For example, section 31 of the Animal Welfare Act 2006 allows offences under that legislation to be tried if an information is laid within 3 years of the offence starting and within 6 months of the prosecutor deeming there is sufficient evidence to prosecute.

Another important exception is that of common assault cases in a domestic abuse context. Section 39A of the Criminal Justice Act 1988 allows those offences to be tried within 2 years of the alleged assault taking place and 6 months of the complainant making an evidential witness statement to the police.

The 6 month rule does not apply to indictable offences (e.g. indictable only and either-way offences).

Personally, I think this piece of legislation is useful because it reduces sluggishness on the part of the prosecution. It means summary offences are dealt with relatively quickly and efficiently, which is clearly to the advantage of all concerned.

Further reading:

Essential Magistrates' Court Law (aff. link)