sec.52Limitation of proceedings

### sec.52 Limitation of proceedings In any case of a simple offence or breach of duty, unless some other time is limited for making complaint by the law relating to the particular case, complaint must be made within 1 year from the time when the matter of complaint arose. However, if in relation to the matter of complaint— a proceeding was previously commenced for an indictable offence against the Criminal Code or the Drugs Misuse Act 1986 ; and the proceeding has been discontinued, or is to be discontinued by a Crown Law Officer as defined in the Criminal Code ; complaint must be made within 2 years from the time when the matter of the complaint arose. Also, subsection (1) does not apply to an offence if, under the Act providing for the offence, the Magistrates Court has jurisdiction for the offence regardless of when the matter of complaint arose. The Criminal Code , section 552F gives jurisdiction to a Magistrates Court that hears and decides a charge summarily under section 552A , 552B or 552BA of that Code despite the time that has elapsed from the time when the matter of complaint of the charge arose. s 52 amd 1942 6 Geo 6 No. 17 s 2; 1949 13 Geo 6 No. 30 s 11; 2010 No. 26 s 76 (sec.52-ssec.1) In any case of a simple offence or breach of duty, unless some other time is limited for making complaint by the law relating to the particular case, complaint must be made within 1 year from the time when the matter of complaint arose. (sec.52-ssec.2) However, if in relation to the matter of complaint— a proceeding was previously commenced for an indictable offence against the Criminal Code or the Drugs Misuse Act 1986 ; and the proceeding has been discontinued, or is to be discontinued by a Crown Law Officer as defined in the Criminal Code ; complaint must be made within 2 years from the time when the matter of the complaint arose. (sec.52-ssec.3) Also, subsection (1) does not apply to an offence if, under the Act providing for the offence, the Magistrates Court has jurisdiction for the offence regardless of when the matter of complaint arose. The Criminal Code , section 552F gives jurisdiction to a Magistrates Court that hears and decides a charge summarily under section 552A , 552B or 552BA of that Code despite the time that has elapsed from the time when the matter of complaint of the charge arose. - (a) a proceeding was previously commenced for an indictable offence against the Criminal Code or the Drugs Misuse Act 1986 ; and - (b) the proceeding has been discontinued, or is to be discontinued by a Crown Law Officer as defined in the Criminal Code ;