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You are here: BAILII >> Databases >> Northern Irish Legislation >> FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 |
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Prosecutions. 46.(1) Notwithstanding any provision in any enactment prescribing the period within which summary proceedings may be commenced, where a sample has been procured under this Act, a prosecution in respect of the article or substance sampled shall not be begun (a)where the sample was of milk, after the expiration of the period of twenty-eight days beginning with the date on which the sample was procured; (b)where the sample was not of milk, after the expiration of the period of two months beginning with the date on which the sample was procured; (2) Where a certificate issued under sub-section (1) relates to a prosecution in respect of a sample of milk, that prosecution shall not in any case be begun after the expiration of forty-two days beginning with the date on which the sample was procured. (3) Notwithstanding any provision in any enactment prescribing the period within which summary proceedings may be commenced, a prosecution under section fifty-three in respect of giving a false warranty may be begun within twelve months from the date of the commission of the offence. (4) Where a sample has been procured under this Act, any prosecution in respect of the article or substance sampled shall, subject to sub-sections (5) and (6), be brought before a court having jurisdiction in the place where the sample was procured. (5) Where a sample procured within one [district] is for the purposes of this Act deemed to have been procured within another [district], a prosecution may be brought either before the court having jurisdiction in any part of the [district] within which the sample was procured, or before a court having jurisdiction in any part of the [district] within which the sample is deemed to have been procured. (6) Where an article or a substance sampled under this Act was sold and actually delivered to the purchaser, a prosecution may be brought before a court having jurisdiction at the place of delivery. (7) Any prosecution under this Act [or any regulations made thereunder] in respect of an article or substance which has been sampled shall not be heard or determined earlier than fourteen days after the date of service of the summons, and in any such proceedings a copy of (a)any certificate of analysis obtained on behalf of the prosecutor; and (b)any certificate given by a justice of the peace under sub-section (1); (8) In any prosecution under this Act [or any regulations made thereunder] where a sample has been procured in such circumstances that its division into parts is required by this Act, the part of the sample retained by the person who procured it shall be produced at the hearing.
© 1958 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/fadai1958297/s46.html