Proceeding with an indictable offence is not usually limited by the passage of time. There are some indictable offences that prescribe statutory limitations. The offence of treason is a good example. Section 48 of the Code prohibits proceeding against an accused person on the charge of treason beyond three years from the time when the offence is alleged to have been committed. With most indictable offences, however, there is no limitation period.
When a person is convicted or is discharged on the conditions prescribed in a probation order pursuant to a suspended sentence (s. 731) or probation pursuant to a conditional discharge (s. 730) for certain specified sexual offences outlined in section 161 of the Code related to a victim who is under the age of sixteen years, in addition to any other “punishment” that may be imposed the court may order that the accused not attend near certain public places and other facilities where persons under 16 years of age may be present.
Continue reading “Section 161 Orders of Prohibition”
