Statute of Limitations: Crime

Triple Os

Can an individual outrun the law by relying on the statute of limitations? Say for instance, a person carry's out an assault. He is arrested and charged for the assault but leaves the country and manages to evade the police for 5 years. If he returns home can he still be tried for the offense?

Claw Hammer

Triple Os wrote: »

Can an individual outrun the law by relying on the statute of limitations? Say for instance, a person carry's out an assault. He is arrested and charged for the assault but leaves the country and manages to evade the police for 5 years. If he returns home can he still be tried for the offense?

Of course he can!

Triple Os

Why does the statute of limitations say that police must issue criminal proceedings within a certain period of time then?

Surely criminal proceedings are commenced once you are arrested?

Pat Mustard

Triple Os wrote: »

Why does the statute of limitations say that police must issue criminal proceedings within a certain period of time then?

Because you are reading a criminal statute of limitations from some other country, most likely. (Sounds like the USA).

Post a link to the statute that you are reading and quote the part that you are talking about, please.

GM228

The "Statute of Limitations" applies to civil actions, not criminal proceedings.

There are limitations with summary offences for "makig a complaint" to initiate the proceesings (generally 6 months, but higher in certain circumstances), but that in itself does not limit how long it takes to bring someone to justice.

For indictable offences (or indictable offences tried summarily) there is no timeframe.

Claw Hammer

Triple Os wrote: »

Why does the statute of limitations say that police must issue criminal proceedings within a certain period of time then?

Surely criminal proceedings are commenced once you are arrested?

Where in the Statute of Limitations does it say that?

GM228

Claw Hammer wrote: »

Where in the Statute of Limitations does it say that?

I think the OP is getting confused with the Statute of Limitations for civil actions and the general 6 months for making a complaint under the Petty Sessions (Ireland) Act 1851 or the Courts (No. 2) Act 1986 for criminal proceedings.

lifeandtimes

I think op has watched to many American movies.

If you murder someone for example you can still be tried and charged after 5,10,20 years etc.

Maybe watch cold case for examples.

The guards must issues summons prior to 6 months for offences. After which if they haven't by then you won't be brought to court which might be what yoyre thinking about however if in this fictional scenario the person was to return they could be arrested and a summons issued from 6 months of that date

hullaballoo

Gardaí must apply for the summons/make a complaint* within six months of the offence.

*Depending on whether it's Courts Act/Petty Sessions.

lifeandtimes

hullaballoo wrote: »

Gardaí must apply for the summons/make a complaint* within six months of the offence.

*Depending on whether it's Courts Act/Petty Sessions.

Sorry that's what i meant to say,my train of thought is off the tracks today

GerardKeating

lifeandtimes wrote: »

I think op has watched to many American movies.

In all the good American movies, it is mentioned that the clock stops when the suspect is outside the jurisdiction of the court, so if the relevant limit was 5 years, and one spent six month outside the state, then the cops have five years and six months to "get" you".

Also the clock starts when the crime is "discovered", not when the crime is committed, so if the crime is not discovered for a dozen years, they they have more time to find you.

In most american states, there is no limit on Murder, but there is on manslaughter..

Avatar MIA

Just don't do it OP!!!