LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Time Limit for Police to Lay Charges?

Discussion in 'Criminal Law Forum' started by sierraguard, 17 July 2014.

  1. sierraguard

    sierraguard Member

    Joined:
    17 July 2014
    Messages:
    2
    Likes Received:
    0
    Victoria Police have accused me of theft.
    The complaint was made to them in February 2013.
    I first heard about it and was interviewed in November 2013.
    Eight months later the investigation is still ongoing with no charges laid..

    How long can the police pursue this without laying charges?
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Sierra,

    In Victoria, the police has 12 months to commence proceedings (ie. file a charge sheet in the Magistrates' Court) for summary offences: Criminal Procedure Act (Vic) 2009 s 7(1).

    Crimes that are listed in the Crimes Act 1958 (Vic) are deemed indictable offences (ie. not summary offences) and do not have a time limit on when it can be brought against someone: Criminal Procedure Act s 7(2). Theft is listed as one of such crimes: Division 2, s 74. This means that there is no time limit on when the police can bring this charge and initiate proceedings before court. The police may decide to hear this charge summarily: Criminal Procedure Act s 28 and Schedule 2. However, even if heard summarily, the 12 month time limit for summary offences would not apply. In short, there is no time limit.
     
    Owens Lawyers likes this.
  3. sierraguard

    sierraguard Member

    Joined:
    17 July 2014
    Messages:
    2
    Likes Received:
    0
    thanks sooo much Sarah for the comprehensive feedback, much appreciated!! :)
     

Share This Page

Loading...