Western Australian Numbered Acts

CRIMINAL PROCEDURE ACT 2004 (NO. 71 OF 2004) - SECT 21

21 .         When a prosecution can be commenced

        (1)         A prosecution of a person for an indictable offence may be commenced at any time, unless another written law provides otherwise.

        (2)         A prosecution of a person for a simple offence must be commenced within 12 months after the date on which the offence was allegedly committed, unless another written law provides otherwise or the person consents to it being commenced at a later time.

        (3)         A prosecution is commenced —

            (a)         on the day on which a prosecution notice is signed under section 23 by the prosecutor and either a JP or a prescribed court officer; or

            (b)         in the case of a prosecution notice signed under section 23 by an authorised investigator alone — on the day on which the notice is lodged with the court in which the prosecution is being commenced,

                whether or not the notice has been served on the accused.