---
title: "Check the time limit for commencing a Commonwealth prosecution"
url: "https://ailawframework.com/practice/criminal-law/check-the-time-limit-for-commencing-a-commonwealth-prosecution"
type: "task"
site: "AI Law Framework"
id: "A20-RO20261022-1"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check the time limit for commencing a Commonwealth prosecution

> From the offence, the maximum imprisonment and the date of the alleged commission, state whether the bench book puts the prosecution in the one-year class or the at-any-time class, and how many days remain on the…

Canonical page: https://ailawframework.com/practice/criminal-law/check-the-time-limit-for-commencing-a-commonwealth-prosecution  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Criminal Law](https://ailawframework.com/practice/criminal-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the offence, the maximum imprisonment and the date of the alleged commission, state whether the bench book puts the prosecution in the one-year class or the at-any-time class, and how many days remain on the one-year class. Do not decide that a prosecution is in time. |
| What the lawyer must review | The lawyer decides the maximum penalty, checks whether the particular Act sets a different time, and decides whether the prosecution was commenced in time. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: From the offence, the maximum imprisonment and the date of the alleged commission, state whether the bench book puts the prosecution in the one-year class or the at-any-time class, and how many days remain on the one-year class. Do not decide that a prosecution is in time.
- What the lawyer does: The lawyer decides the maximum penalty, checks whether the particular Act sets a different time, and decides whether the prosecution was commenced in time.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Use the maximum imprisonment for the offence, not the penalty that might be imposed on the facts.
2. If the maximum is more than six months, look for a time limit in the Act that creates the offence before treating the prosecution as open-ended.
3. Count the year from the commission of the offence, and record the date the proceeding was actually commenced.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Judicial Commission of New South Wales: Commonwealth offences](https://www.judcom.nsw.gov.au/publications/benchbks/local/commonwealth_offences.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/criminal-law/check-the-time-limit-for-commencing-a-commonwealth-prosecution/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*