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Time limits on prosecution

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  • Time limits on prosecution

    The offender had been stopped roadside failed to provide had a combative situation placed in custody charged later a Court case fined end of story
    However he recently received a notice of intended prosecution for assault during above mentioned incident.
    The event is 6 months ago no mention of this was made during court are police or CPS still allowed to just whenever they feel like it add charges is there a set amount of time or can the person in question expect to be in fear for the rest of their days ? Is there statute of limitations here?
    Tags: None

  • #2
    S. 127 of the Magistrates' Court Act 1980 enforces a strict time limit of 6 months from the time the offence is committed for the information to be 'laid on the court' in the majority of cases. There are some niche exceptions which apply to this rule.
    Would the above S127 apply ?

    Comment


    • #3
      You need to tell us what they intend to charge him with.

      The only charge of assault which is “summary only” (and so subject to the six month rule) is Common Assault. Any other charge of assault (for example, assault with intent to resist arrest, which may possibly apply here) is an indictable offence and is not subject to s127.

      In any event, no "Notice of \intended Prosecution" is required.

      Comment


      • #4
        i ran out of petrol outside a house had jerry can was on coke hes called the polic iv ran off chucked my keys went home 20 mins after ws aresstd swabbed coke bloods taken was distressed visibly in station the cop left me a vicemail last week still waiting on a witness statement this happened 2 months ago any advice would be great

        Comment


        • #5
          Where is the assault in that description?

          Comment


          • #6
            Just to explain further the original case was failing to provide for which as said he attended court and was dealt with . Then a month or so later he received notice of intended prosecution charges being battery of emergency worker another offence was dropped slightly earlier as not in the public's interest . Given the fact that when released from custody he was only charged with failing to provide they seem months and months later to be productive with new charges that Enid Blyton would be proud .

            Comment

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