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26-3-2016 6:16 pm  #1

Regulation relating to the 6 month time limit.

From the Magistrates Act:-Limitation of time.

127 Limitation of time.
 (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.

Section 127 of the Magistrates Act states that an action cannot be brought if it is later than 6 months from the date the matter of complaint arose. The date the ''matter of complaint'' arose is the date that BF receive your NOC. The 6 months does not run from the date of seizure of the goods. BF then have 6 months to get the papers into the court and get a summons issued. However they then have up to 4 months longer to serve the summons on you.

Update - we have a member whose summons was issued 3 days outside the 6 months. On enquiring further it seems the ''complaint'' was put to the court 3 days inside the time limit. Therefore it is a valid summons so don't rely on the date the summons was issued but ask to see evidence of when the court received the paperwork.

Last edited by eezyrider (12-12-2017 12:44 pm)

Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.


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