Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 49 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 2Prevention, investigation and prosecution of crime
CHAPTER 4Other provisions
Domestic abuse
I2I149Time limit for prosecution of common assault or battery in domestic abuse cases
After section 39 of the Criminal Justice Act 1988 insert—
39ATime limit for prosecution of common assault or battery in domestic abuse cases
1
This section applies to proceedings for an offence of common assault or battery where—
a
the alleged behaviour of the accused amounts to domestic abuse, and
b
the condition in subsection (2) or (3) is met.
2
The condition in this subsection is that—
a
the complainant has made a witness statement with a view to its possible admission as evidence in the proceedings, and
b
the complainant has provided the statement to—
i
a constable of a police force, or
ii
a person authorised by a constable of a police force to receive the statement.
3
The condition in this subsection is that—
a
the complainant has been interviewed by—
i
a constable of a police force, or
ii
a person authorised by a constable of a police force to interview the complainant, and
b
a video recording of the interview has been made with a view to its possible admission as the complainant’s evidence in chief in the proceedings.
4
Proceedings to which this section applies may be commenced at any time which is both—
a
within two years from the date of the offence to which the proceedings relate, and
b
within six months from the first date on which either of the conditions in subsection (2) or (3) was met.
5
This section has effect despite section 127(1) of the Magistrates’ Court Act 1980 (limitation of time).
6
In this section—
“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;
“police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985;
“video recording” has the meaning given by section 63(1) of the Youth Justice and Criminal Evidence Act 1999;
“witness statement” means a written statement that satisfies the conditions in section 9(2)(a) and (b) of the Criminal Justice Act 1967.
7
This section does not apply in relation to an offence committed before the coming into force of section 49 of the Police, Crime, Sentencing and Courts Act 2022.