With the arrival of the Criminal Procedure Act 2009, the time limit for the filing of a charge against a child for a summary offence will fall from twelve months to six.The relevant provision can be found at s 376 of the Criminal Procedure Act. This section inserts a new Part 5.1A into the Children, …
Continue reading Summary time limits in the Children's Court
With the arrival of the Criminal Procedure Act 2009, the time limit for the filing of a charge against a child for a summary offence will fall from twelve months to six.The relevant provision can be found at s 376 of the Criminal Procedure Act. This section inserts a new Part 5.1A into the Children, …
Continue reading Summary time limits in the Children’s Court
The Criminal Procedure Act 2009 will maintain the 12-month-limitation period for commencing summary criminal proceedings. The current limitation period is at s 26(4) of the Magistrates' Court Act 1989. (Criminal Procedure Act 2009 s 7 will replace that later this year.) (Colloquially, this is often called the statute of limitations. But pedantically, the statute of …