11 Proceedings for offences under section 1.E+W+N.I.
(1)A magistrates’ court shall have jurisdiction to try an offence under section 1 above if—
(a)the accused was within its commission area at the time when he did the act which caused the computer to perform the function; or
(b)any computer containing any program or data to which the accused secured or intended to secure unauthorised access by doing that act was in its commission area at that time.
(2)Subject to subsection (3) below, proceedings for an offence under section 1 above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
(3)No such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.
(4)For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
(5)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(6)In this section “commission area” has the same meaning as in [F1the Justices of the Peace Act 1997].
(7)This section does not extend to Scotland.
Textual Amendments
F1Words in s. 11(6) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 28 (with Sch. 4 para. 27)