Generally, summary proceedings per se need to be commenced within six months from the date of the alleged commission of an offence.

Section 179 of the Criminal Procedure Act reads:

(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

(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.

For the purposes of this publication, we will only deal with subsection 2(a). The residue of the section appears axiomatic.

Great care is required when advising clients what the limitation period is.

It is suggested that practitioners be solicitous when researching the limitation period for each offence they are asked to research.

For example, Section 181 of the Road Transport (General) Act provides a one year limitation period for an operator onus offence (as defined in s 179 of that Act) .Section 182(2) of the this statute provides a two year limitation period in relation to certain mass, dimension and load offences. The proper construction of section 182 of the Road Transport (General) Act was considered in Roads and Traffic Authority v Sparkes [2007] NSWSC 667.

Whether or not an offence is a continuing offence (and the calculation of time), needs to be also considered.