When you’re facing potential criminal charges, it’s natural to wonder how long the police have to act. In Victoria, the timeframe for the Police to lay charges against you can vary significantly depending on the nature of the offence, the age of the accused, and other circumstances. Here’s what you need to know about the legal time limits for police to charge someone with a crime.

Summary Offences: The 12-Month Rule

For summary offences—which are considered less serious offences such as minor theft, public disorder, minor assaults or traffic infringements—the police are bound by a time limit. Under Section 7(1) of the Criminal Procedure Act 2009 (Vic), a proceeding for a summary offence must generally be commenced within 12 months from the date of the alleged offence.

This means that if you have been involved in a minor offence, the Police must file charges within one year. Failing to do so may prevent them from pursuing the case against you, unless an exception applies.

Exceptions to the 12-Month Rule
There are exceptions to this time limit:

• If a different time period is provided under another Act.
• With written consent from both the accused and the Director of Public Prosecutions (DPP), charges may be laid after the 12-month period.

Indictable Offences: No Time Limit

For indictable offences, which are more serious crimes such as murder, sexual assault, or serious drug offences, there is no time limit for the police to charge an adult. According to Section 7(2)(a) of the Criminal Procedure Act 2009 (Vic), proceedings for indictable offences can be commenced at any time unless another statute specifies otherwise.

This means that even if the crime occurred years ago, the police can still investigate and lay charges. This flexibility reflects the severity of indictable offences and the importance of ensuring justice is served, regardless of how much time has passed.

What About Children?

When it comes to children (under 18 at the time of the offence), the law treats them differently. Under Part 5.1A, Section 344A of the Children, Youth and Families Act 2005 (Vic), proceedings for summary offences involving children must generally be commenced within 6 months of the alleged offence.

This shorter time limit emphasizes the importance of swiftly resolving matters involving children, considering their age and the need for timely legal intervention.

Understanding Your Rights

If you are concerned about the time limits for charges or feel that the police have not followed the correct procedure, seeking legal advice is crucial. Contact Shamac Lawyers for criminal law advice, we provide clear, informed guidance to help you understand your rights and navigate the complexities of criminal law. 

Whether you’re facing charges for a summary or indictable offence, we are here to defend your rights and ensure you receive the best possible representation. 

Key Takeaways:

• Summary offences must generally be charged within 12 months.
• Indictable offences have no time limit for police to file charges.
• For children, the time limit is shorter—6 months for summary offences.