Hybrid offences
Many offences that can be committed under the Health and Safety at Work etc Act 1974 (HSWA) are known as hybrid offences and, as such, can be tried either way; i.e. tried as a summary offence in the Magistrates Court or as an indictable offence on indictment to the Crown Court.

Summary offences
Proceedings in relation to a summary offence under the HSWA (see Magistrates Court Act s.127 for the general rule) should commence within six months of the date that the relevant authority had sufficient evidence, in its opinion, to justify it.

Indictable and Indictable only offences
The starting point here is that the Crown is not subject to any time limit.

Can a Prosecution Delay Amount to an Abuse of Process?
The general principle is that it is for……

 

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