Criminal Litigation

The laying of the information is the act which should determine whether or not the time limit for bringing a prosecution for a summary offence has been met.  The essential concept is that the information should be made available to the justices, or the clerk to the justice, within time.

This will be so, in relation to postal delivery, when it can properly be inferred that it has been received, whether opened or not; and as far as transmissions by fax or other electronic means are concerned, it will be when it can properly be inferred that the information is retrievable, whether retrieved in fact or not.