ABSTRACT

The Interpretation Act in most jurisdictions specifies how time should be calculated. The first day, that is, the date of the alleged offence, is not counted. The position is the same at common law, as was made clear in Radcliffe v Bartholomew (1892) 1 QB 102. In Cross v John (1964) 7 WIR 359, it was held by the Trinidad and Tobago Court of Appeal that an amendment of a defective complaint could be made outside of the limitation period. The charge as originally laid affected the criminal proceedings and as this fell within the statutory period of six months, the proceedings were not statute-barred. The amendment did not create a new complaint.