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Hi yes and no. That shouldn't affect the answer I hope. If you are charged 8 months after the offence for theft (making off without making payment), section 3(1) and 4 of the theft act 1978 is it valid? is there no expiry? or time limit, if it is a summary offence, or is it?
ok so what if you have been charged with two offences on the same day 8 months after the alleged offence. i.e charge 1 is the above theft and charge 2 is the criminal damage (of less than 5K). So now I know that the criminal damage in theory is a summary offence and on its own has a six month limit. But what if you are charged with a summary only offence along side an "either way" offence, the is there a loop hole saying that both offences become valid? Even if the criminal damage is no longer lawful?
Yes but what I mean is what about the opposite. If they theft stands then does that mean the criminal damage would stand (even though usually it would not if over 6 months) ?
Sorry what do you mean by original charge was in time? what constitutes the "original" charge if they were issued on the same day 8 months later?
put another way what you are saying is... if any charge was filed within 6 months then any OTHER summary offence charge arising from the same set of fact could be filed even after 6 months?
Police file charge for careless driving within 6 months then after 6months on month 8 they can still file charges for "criminal damage" if the offence grew out of the same incident?
Please confirm example fits in theory what you are saying>