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VIC How Long Can Police Charge Me?

Discussion in 'Criminal Law Forum' started by Annho, 12 September 2016.

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  1. Annho

    Annho Member

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    I have been asked by police to go in for an interview in April with regard to a criminal damage of my neighbour. The police said I might be charged but I have yet to hear from them. How long do they have to charge me?
     
  2. Rod

    Rod Well-Known Member

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    Till you die, unless it is a summary offence and then I think they have 12 months from the date of the alleged incident.
     
  3. Annho

    Annho Member

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    Thank you. Will have to wait till next year February then.
     
  4. Annho

    Annho Member

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    What is a summary offence? The police did not give me any paper.
     
  5. Iamthelaw

    Iamthelaw Well-Known Member

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    Ok, a few things:

    Criminal Damage (if that is what they have told you they want to question you about) is not a summary offence, it is an indictable offence. There may be some statutory charge that is summary that they intend on charging you with, although I am doubtful of this given your wording and without knowing more.

    Indictable offences - The prosecution can take place at any time after the commission of the offence, although there are some statutory time limits and procedural preconditions may exist for certain offences.

    General Info:
    Summary Offences - I assume you're an adult? If so, charges must be filed within 1 year of the date on which the offence alleged to have been committed.
     
  6. Annho

    Annho Member

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    Thank you. That was very helpful.
     

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