QLD What is the Statute of Limitations on Fraud?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

blamum

Active Member
7 September 2016
6
0
31
I have been charged with a large fraud case some time ago. I understand that there is no statute of limitations on fraud, but I read somewhere (and can't find it) that it may be for 7 years from when it could have reasonably been discovered? Does anyone know about this?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
If the charge relates to a criminal offence and
  • If the charge is in the Crimes Act - there is no time limitation.
  • If the charge is a summary offence - they must charge you within 12 months .
You said you have already been charged, but it sounds like the charge was never listed for trial. In Victoria the prosecution has 12 months to get you to court. Not sure what the limit is in QLD.

However the prosecution may have discontinued the case which means they can re-start it at any time in the future if the charge is indictable.

Is it possible the trial was held without you knowing (e.g. did you go into hiding)? In which case there may be an outstanding warrant for your arrest.

Not sure it is a good idea making any enquiries at the court or police about your question!