Length of investigation in malicious communication case.

political analyst

I'm aware of cases in England which it has taken a year or more for police to even decide whether or not to send files to the CPS regarding social-media posts that were allegedly offensive regarding people's characteristics (e.g. ethnicity, religion, gender identity) and thus allegedly in breach of the Communications Act 2003.

If the allegedly offensive post does not include a threat of violence and the suspect is not a holder of public office then, although the maximum sentence is 2 years imprisonment, the case probably would, if there is a decision to prosecute, be tried in a magistrate's court.

In Ireland and, I presume, other common-law jurisdictions, there is a 6-month time-limit on summary prosecutions. Regarding the English cases, one would've assumed that the limit would mean that investigators would have to complete the investigation before 6 months have passed since the complaint was made, regardless of the investigators' general workload. So why would the investigation still be going on after 6 months have passed?

28064212

https://www.legislation.gov.uk/ukpga/2003/21/section/127

An information or complaint relating to an offence under this section may be tried by a magistrates' court in England and Wales or Northern Ireland if it is laid or made—
(a)before the end of the period of 3 years beginning with the day on which the offence was committed, and
(b)before the end of the period of 6 months beginning with the day on which evidence comes to the knowledge of the prosecutor which the prosecutor considers sufficient to justify proceedings.

Claw Hammer

https://www.boards.ie/discussion/2058356653/length-of-investigation-in-malicious-communication-case

The 6 month limit applies only to offences which are only tried summarily. If the offence is capable of being tried on indictment, there is no time limit, even if it is eventually tried summarily.