Difference between revisions of "Criminal Charges (1:IV)"

The Information should be reviewed to determine what offence the accused has been charged with. Review the appropriate ''Criminal Code'' provisions in an annotated ''Criminal Code'' which often provides quick references to common issues that arise from prosecution under that section of the ''Criminal Code.''

One should review all aspects of the Information to ensure that it has been laid properly. Particularly, ensure that the Information has been laid within six months of the alleged offence on summary conviction offences (this becomes twelve months after December 18, 2019). Also, ensure that the date of the alleged offence and the names of the accused and complainant are correct.

Section 786 of the ''Criminal Code'' states that no proceedings may be initiated in summary conviction offences after six months have elapsed from the time of the alleged offence, except on agreement of the prosecution and the defendant (twelve months after December 18, 2019). The date on which proceedings commence is when the Information is laid, therefore, the Information must be laid within the limitation period. Indictable offences have no specific statutory limitation period.