also said "It was held in H.M. Advocate v Stewart that the Crown may be barred from proceeding with a trial if it would be oppressive for them to do so in view of the passage of time since the discovery of the offence." South Africa Jurisdictions where the rule has been abolished England and Wales, Northern Ireland See the main introduction above. Republic of Ireland The rule was abolished "for all purposes" including "for the purposes of offences involving the death of a person, and for the purpose of determining whether a person committed suicide" by the section 38 of the Criminal Justice Act 1999. Hong Kong The rule was abolished "for all purposes" in Hong Kong by section 33C of the Offences Against the Person Ordinance, which is added by the Statute Law (Miscellaneous Provisions) Ordinance 2000 following the recommendation of the Law Reform Commission of Hong Kong. The Commission did not consider it necessary to set a time limit beyond which prosecutions required the consent of the Secretary of Justice. As a sentence for felons A year and a day is a minimum incarceration sentence for felonies in many jurisdictions, and is one of the main features distinguishing felonies from misdemeanors. For some crimes, this is the minimum penalty, as traditionally in English-speaking, common law countries, misdemeanors may not entail a sentence of a year or more (hence, "eleven months and twenty-nine days") whereas felonies are traditionally punished by incarceration of over one year, hence "a year and a day." Furthermore, in many jurisdictions, prisoners are eligible for parole only if their sentences are longer than a year; by imposing a sentence of a year and a day, judges can offer defendants a chance at parole. In the United States federal system, only sentences exceeding one year allow prisoners to obtain early release for good behaviour while incarcerated. As a result, a sentence of a year and a day can lead to less time served than a sentence of a year. See also Speedy trial References External links Criminal Law: Eighth Edition, Smith & Hogan, Butterworths, Criminal law Common law rules