Commentary Section 3: Prosecution of offences
12.This section provides for time limits for the bringing of prosecutions for the new offences created by sections 1 and 2, and gives powers to local authorities to prosecute the offences.
13.The offences in sections 1(1) and 2(1) that do not include an element of dishonesty are summary-only offences (which is to say that they may only be prosecuted in the magistrates’ court). Unless provision is made in legislation, a summary-only offence must be prosecuted within 6 months of the date of the commission of the offence. Subsections (1) and (2) of section 3 enable the prosecutor to bring a prosecution within 6 months of the date on which evidence sufficient to warrant the prosecution came to the knowledge of the prosecutor, provided it is brought no later than 3 years after the date on which the offence was committed (or the last day on which it was committed if it was a continuing offence).
14.Subsection (5) enables a local authority to prosecute an offence under section 1 or 2 (or an associated offence of aiding, abetting, counselling or procuring etc as defined in section 11(10)) whether or not the local authority is or was the landlord of the property and whether or not the property is within the prosecuting local authority’s area. This enables a local authority to prosecute offences committed in PRP and RSL properties and in properties owned and managed by other local authorities.