Social Welfare (Consolidation) Act, 1981
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Prosecutions. [1933 UA, s. 30; 1976 (No. 2), ss. 5, 11] |
145.—(1) Proceedings for an offence under any section of this Chapter shall not be instituted except by or with the consent of the Minister. | |
(2) A prosecution for an offence under any section of this Chapter may be brought at the suit of the Minister. | ||
(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires— | ||
(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or | ||
(b) the period of two years commencing on the date on which the offence was committed. | ||
[1935 UA, s. 18] | ||
(4) The wife or husband of a person charged with an offence under this Chapter may, notwithstanding anything contained in section 1 of the Criminal Justice (Evidence) Act, 1924 , be called as a witness either for the prosecution or the defence and without the consent of the person charged. | ||
[1976 (No. 2), s.11] | ||
(5) Where, in a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court— | ||
(a) that an application has been made by a person (in this section referred to as the defendant) for unemployment assistance, and | ||
(b) that as a result of that application unemployment assistance has been paid to any person (whether or not such assistance was that applied for and whether or not it was paid to the defendant), | ||
the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted. |