How Long Do the Police Have to Charge You With a Crime?

What is a Statute of Limitations?

A statute of limitations specifies the maximum amount of time legal proceedings can commence after an event.

Categories of Offences in Canada

There are three categories of offences in Canada:

1. Summary conviction offences
2. Indictable offences
3. Hybrid offences

Indictable Offences: No Limitation Period

Indictable offences are more serious than summary conviction offences and have no limitation period.
You can be charged with an indictable offence, such as murder, at any time.
If found guilty, consequences are more severe than for summary offences.

Summary Conviction Offences: 12-Month Limitation

Summary conviction offences have a limitation period under section 786(2) of the Criminal Code.

Under this section, summary proceedings cannot be initiated without the accused’s consent if more than 12 months have passed since the event.
If there is no consent, the Crown may elect to proceed by indictment.

Hybrid Offences: Crown's Choice

Hybrid offences allow the Crown to choose to proceed summarily or by indictment.
These are the most common types of offences in Canada.

Factors influencing the Crown’s decision:

• Criminal record of the accused
• Seriousness of the allegation

If the Crown proceeds summarily, the 12-month limitation applies.

The Role of Police and Crown

• Police:
  Consider evidence, witness statements, and other factors when deciding to lay a charge.
• Crown:
  Once police lay a charge, they send the information to the Crown. The Crown then:
  • Decides whether to proceed
  • May drop some charges and proceed with others
  • Proceeds only if:
    1. There’s a reasonable likelihood of conviction
    2. It is in the public interest

How Crown Prosecutors Decide

To determine a reasonable likelihood of conviction, the Crown reviews:

• Evidence
• Circumstances surrounding the case

To determine if prosecution is in the public interest, they consider:

• Seriousness of the alleged offence
• Nature of harm caused

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Key Takeaways

• Police can take as long as they want to charge you for indictable offences.
• Summary conviction offences have a 12-month limit unless:
  • You consent to prosecution after that, or
  • The Crown proceeds by indictment
• Hybrid offences allow the Crown to decide the path — affecting how long police have to act.

‍What You Should Do Now

1. Do not speak to police without legal representation.
2. Confirm whether the charge is summary, indictable, or hybrid.
3. Seek legal advice right away—preferably from a defence lawyer familiar with Criminal Code procedures.

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How a Lawyer Assists You

• Determines if there's a valid limitation defence.
• Advises whether the Crown can proceed or needs your consent.
• Represents and protects your rights at all stages—investigation, negotiation, trial.