AC-2025-LON-002013 - [2025] EWHC 2797 (Admin)

Section 49 of the Police, Crime, Sentencing and Courts Act 2022, by inserting section 39A into the CJA 1988, introduced a special time limit for the commencement of proceedings for offences of common assault or battery in domestic abuse cases, thereby disapplying the general six-month limitation period set out in section 127 of the Magistrates’ Courts Act 1980 where time runs from the date of commission of the offence.

Section 39A provides in material part:

“39A Time limit for prosecution of common assault or battery in domestic abuse cases

(1)

This section applies to proceedings for an offence of common assault or battery where -

(a)

the alleged behaviour of the accused amounts to domestic abuse, and

(b)

the condition in subsection (2) or (3) is met.

(2)

The condition in this subsection is that —

(a)

the complainant has made a witness statement with a view to its possible admission as evidence in the proceedings, and

(b)

the complainant has provided the statement to —

(i)

a constable of a police force, or

(ii)

a person authorised by a constable of a police force to receive the statement.

(3)

The condition in this subsection is that—

(a)

the complainant has been interviewed by—

(i)

a constable of a police force, or

(ii)

a person authorised by a constable of a police force to interview the complainant, and

(b)

a video recording of the interview has been made with a view to its possible admission as the complainant’s evidence in chief in the proceedings.

(4)

Proceedings to which this section applies may be commenced at any time which is both —

(a)

within two years from the date of the offence to which the proceedings relate, and

(b)

within six months from the first date on which either of the conditions in subsection (2) or (3) was met. …”

It was not in dispute before the Magistrates that this was a domestic abuse case.