The prosecution of the offence is time-barred.
Non-indictable offences must be prosecuted within 6 months from the date of commission.
These offences encompass traffic offences, shoplifting, possession of class-B substances and misdemeanours.
Commercial bailiff companies frequently track individuals down and abruptly demand payment, presuming a lack of awareness regarding legal matters on the part of the individual.
To challenge the conviction, one can file a Section 14 Statutory Declaration, or lodge a complaint with the Parliamentary Ombudsman regarding a breach of Section 127 of the Magistrates' Courts Act 1980.
The Law:
Section 127 of the Magistrates’ Courts Act 1980 states:
Limitation of time.
(1)Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.
(2)Nothing in—
(1)Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.
(2)Nothing in—
(a)subsection (1) above; or
(b)subject to subsection (4) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates’ court to try an information summarily or impose a limitation on the time for taking summary proceedings,
shall apply in relation to any indictable offence.
(3)Without prejudice to the generality of paragraph (b) of subsection (2) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).
(4)Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (2) (b) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.