Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 7

Time limits for filing a charge-sheet

7. Time limits for filing a charge-sheet



(1) A proceeding for a summary offence must be commenced within 12 months
after the date on which the offence is alleged to have been committed except
where-

   (a)  otherwise provided by or under any other Act; or

   (b)  the accused gives written consent, and the DPP or a Crown Prosecutor
        consent, to the proceeding being commenced after the expiry of that
        period.

Note See Part 5.1A of Chapter 5 of the Children, Youth and Families Act 2005
for a shorter time limit in relation to children.

(2) A proceeding for an indictable offence-

   (a)  may be commenced at any time, except where otherwise provided by or
        under this or any other Act; and

   (b)  may be heard and determined summarily even though the proceeding may
        have been commenced more than 12 months after the date on which the
        offence is alleged to have been committed.