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The Police Offences Act 1935 (Tas) overlaps some offences contained in the Criminal Code Act 1924 (Tas) (the Criminal Code) such as assault and damaging property. Whether an alleged offender is to be charged under one rather than the other will depend upon the discretion of the prosecuting authorities and normally relates to the seriousness of the offence about which the complaint is made.

All charges brought under the Police Offences Act are summary in nature. That means that the charge is heard by a magistrate, rather than a judge, and the complaint must be filed within six months of the date of the commission of the offence (Justices Act 1959 (Tas), s26). There is no such limit on charges brought under the Criminal Code.

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