New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 179

179 Time limit for commencement of summary proceedings

(1) Proceedings for a summary offence must be commenced not later than 6 months from when the offence was alleged to have been committed.

(2) Subsection (1) does not apply--

(a) to an offence for which an Act or law specifies another period within which proceedings must be commenced, or

(b) to an indictable offence that is being dealt with summarily, or

(c) to an offence involving the death of a person that is or has been the subject of a coronial inquest, or

(d) to a back up summary offence if the District Court determines an appeal against a conviction or finding of guilt by the Children's Court or Local Court for the related indictable offence by setting aside the conviction or finding of guilt.

(3) Proceedings for a summary offence that relate to the death of a person that is or has been the subject of a coronial inquest must be commenced--

(a) not later than 6 months after the conclusion of the inquest, or

(b) not later than 2 years from when the offence is alleged to have been committed,

whichever occurs first.

(4) Proceedings for a back up summary offence must be commenced not later than 6 months after the District Court determines an appeal against the conviction or finding of guilt by the Children's Court or Local Court for the related indictable offence by setting aside the conviction or finding of guilt.

(5) In this section, a summary offence is a
"back up summary offence" if a charge for the summary offence was laid against a person but was withdrawn or dismissed after the person was convicted or found guilty of an indictable offence (the
"related indictable offence" ) by the Children's Court or Local Court on the basis of the same facts.