This is a single section from Chapter 27. Read the full chapter here.

Are new or amended criminal offences subject to a limitation period?

The limitation periods in the Criminal Procedure Act 2011 should apply to all new criminal offences.

Section 25 of the Criminal Procedure Act 2011 provides a standard set of time limits by which a criminal prosecution must be brought after an offence is committed. The limitation periods differ subject to the category of offence and the maximum penalty that can be imposed. The most serious offences (category 4) have no limitation period.

Strong policy reasons that are particular to the circumstances of the legislation must be present to justify a departure from the rules in the Criminal Procedure Act 2011 and legal advice should be sought.

The time within which an agency may issue an enforcement notice for an infringement offence is limited in practice by the requirements of section 21 of the Summary Proceedings Act 1957 (which should apply to all new infringement offences). Under section 21(5), if the agency wishes to enforce an unpaid infringement notice through the court, it must provide particulars of the reminder notice to the court within 6 months from the date on which the infringement offence is alleged to have been committed.

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