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The maximum length of time after an offence during which a criminal charge can be laid. A period of time specified in a statute within which a criminal proceeding must be commenced. A statute of limitations.
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In Canada there is no statute of limitations for indictable offences. There is generally a six month limitation period for Criminal Code summary conviction offences. A DUI is deemed indictable until the Crown makes an election and so can be laid after 6 months.
Once a charge is laid it must be tried within a reasonable time. Unreasonable delay is prohibited by section 11(b) of the Charter of Rights..
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This Criminal Law limitation period page is for expression by students of law and forensic science in understanding and peer reviewing important Criminal Law: limitation period concepts, words, issues, and ideas. This site is not intended to provide Criminal legal advice to the public. Members of the public with Criminal law questions should consult and retain a Criminal lawyer or attorney for proper legal advice. Because this limitation period information comes from many sources who may not be Criminal law lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to rely upon this limitation period information. This database was developed by Stephen R. Biss, Barrister & Solicitor, who practices law in Mississauga, Ontario, Canada.
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