Criminal Procedure Act 2011

25 Time for filing charging document

(1)

A charging document may be filed at any time in respect of a category 4 offence.

(2)

A charging document in respect of a category 3 offence—

(a)

must be filed within 5 years after the date on which the offence was committed, if an enactment specifies that the penalty for the offence includes a term of imprisonment not exceeding 3 years, unless the prior consent of the Solicitor-General is obtained to file a charging document after that date; or

(b)

may be filed at any time in any other case.

(3)

A charging document in respect of a category 1 or 2 offence must be filed—

(a)

within 6 months after the date on which the offence was committed if an enactment specifies that the penalty for the offence—

(i)

includes a term of imprisonment not exceeding 3 months; or

(ii)

does not include a term of imprisonment, but includes a fine not exceeding $7,500; or

(b)

within 12 months after the date on which the offence was committed if an enactment specifies that the penalty for the offence—

(i)

includes a term of imprisonment greater than 3 months but not exceeding 6 months; or

(ii)

does not include a term of imprisonment, but includes a fine greater than $7,500 but not exceeding $20,000; or

(c)

within 5 years after the date on which the offence was committed in any other case, unless the prior consent of the Solicitor-General is obtained to file a charging document after that date.

(4)

In the case of a category 1 or 2 offence that is a continuing offence, the time for filing a charging document must be determined under subsection (3) by reference to the maximum fine that may be imposed for the initial offending (or, if there is no separate fine prescribed for the initial offending, the fine prescribed for each day or each instance of offending) without taking into account the amount of any further fines that may be imposed as a result of the offence continuing.

(5)

If a body corporate is charged with an offence, the limitation period within which a charging document must be filed is the period that would apply to a natural person charged with the same offence, irrespective of the penalty that may be imposed against the body corporate.

(6)

This section is subject to any provision in any other enactment that provides a different limitation period for filing a charging document in relation to an offence.

Compare: 1957 No 87 s 14; 1961 No 43 s 10B