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Can I be prosecuted for something from years ago?

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

Yes, for most offences. There is no general time limit for offences that can go to the Crown Court. Summary-only offences must usually be prosecuted within 6 months, with some exceptions, and many motoring offences need a warning or notice within 14 days.

No general limit for serious offences

For offences that can be tried in the Crown Court (either-way and indictable-only), there is no general time limit in England and Wales. The 6-month rule does not apply to them (Magistrates' Courts Act 1980 s.127(2)), though a few statutes set limits for particular offences.

Summary-only offences: 6 months

For summary-only offences (such as common assault and most minor motoring offences), proceedings must normally start within 6 months of the offence (s.127(1)). Exceptions include:

Historic allegations

Delay and abuse of process

A court will stay a prosecution for delay only exceptionally, where serious prejudice means a fair trial is impossible (Attorney General's Reference (No 1 of 1990) [1992] QB 630; R v F(S) [2011] EWCA Crim 1844). Lost evidence and fading memories are usually dealt with at trial through the judge's directions.

Motoring: the 14-day notice

For offences such as speeding, careless or dangerous driving and ignoring traffic signs or directions, you cannot be convicted unless you were warned at the time, or a summons or notice of intended prosecution was served on you or the registered keeper within 14 days (Road Traffic Offenders Act 1988 s.1). Service is presumed unless you prove otherwise. The rule does not apply if there was an accident at the time or a fixed penalty notice was given, and late service is excused if the keeper could not reasonably be traced or your own conduct caused the delay (s.2).

Getting advice

Legal advice at a police interview is free, including about old allegations.

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Authorities: Magistrates' Courts Act 1980 s.127; Road Traffic Offenders Act 1988 ss.1, 2, 6 and Sch 1; Criminal Justice Act 1988 s.39A; Sexual Offences Act 2003 s.66H; Crime and Policing Act 2026 Sch 13 para 8 (not yet in force); Attorney General's Reference (No 1 of 1990) [1992] QB 630; R v F(S) [2011] EWCA Crim 1844; CPS legal guidance, Abuse of Process; Sentencing Council, How sentencing of historic offenders works

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