Time limits for commencing criminal proceedings

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Practice notes

Time limits for commencing criminal proceedings

Published by a ��Ӱ�� Corporate Crime expert

Practice notes

For information on how criminal prosecutions are commenced in England and Wales, see Practice Notes: Commencing criminal proceedings—applying for the issue of a summons and Commencing criminal proceedings—Written charge and requisition or single justice procedure notice.

Time limits for summary only offences

The Magistrates’ Courts Act 1980 (MCA 1980) imposes time limits for commencing criminal proceedings which can only be heard in the magistrates’ court (known as summary only offences), unless another time limit has been set by statute. Under these provisions, a magistrates' court may not try a defendant for a summary offence unless the information was laid (application for summons made) within six months from the date of the commission of the offence. This is replicated in Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, r 7.2(10). Provided the information is laid (or application for a summons made) within that time, it does not matter if the summons is not issued by the court within that time limit.

The same time limit applies to the making of a complaint. A complaint for these purposes

Jurisdiction(s):

United Kingdom

Key definition:

Written charge definition

What does Written charge mean?

A document, issued by a public prosecutor under section 29 of the Criminal Justice Act 2003, which institutes criminal proceedings by charging a person with an offence.

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