When a person is charged with a criminal or traffic offence
after a long delay, they may ask 'is there a statute of
limitations in Australia?'
In many jurisdictions, this question will be determined based on
how serious the offence is.
The seriousness of a charge will determine how the case proceeds
in court. It also determines whether or not a statute of
limitations applies to it.
Criminal Cases
Criminal cases are generally commenced by the issuing and filing
of a court attendance notice ('CAN').
Court proceedings in respect to criminal or traffic charges may
commence by way of issuing and filing a CAN notice. This can be
done by a police officer, public officer, or private prosecution
pursuant to sections 173 and 174 of the Criminal Procedure Act 1986
(NSW).
