Time limit for proceedings: CA 1989 s. 79X
Proceedings for offences under CA 1989 must be brought within six months of prosecutor's knowledge, but no later than three years after the offence.
Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section sets the time limit for starting criminal proceedings for offences under this Part of the Children Act 1989 or its regulations. The prosecutor has six months from the date they believe they have enough evidence to bring the case.
However, no proceedings can be started more than three years after the offence was committed, even if the prosecutor only later discovers evidence.
When it applies
- A prosecutor discovers evidence of a child care offence six months after the incident, and must decide whether to charge within the next six months.
- A defendant argues that the prosecutor had sufficient evidence more than six months before bringing the case, so the time limit has expired.
- An offence occurred three years ago, and the prosecutor cannot bring proceedings even if they just obtained evidence.
What this section does not say
- People wrongly believe this section applies to civil claims under the Children Act, but it only covers criminal proceedings for offences under this Part.
- People might think the six-month period runs from the date of the offence, but it runs from the prosecutor's knowledge of sufficient evidence.
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This page reproduces the text of CA 1989 s. 79X in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.