Due to the impact of COVID-19, many Courts are deferring first
mention dates for prosecutions until much later in the year, some
as far out as September 2020, in the hope that this will help limit
the spread of COVID-19.
As a result, many local governments may not be considering
commencing prosecution proceedings until later. However, it is
important that local governments keep an eye on limitation periods
relevant to prosecutions.
When is a prosecution commenced?
Generally speaking, an 'authorised person' is required
to commence a prosecution. With respect to local governments, an
'authorised person' is generally an employee of local
government who is authorised in writing to commence a prosecution.
Also see section 20 of the Criminal Procedure Act
2004.
