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inserts into Chapter 5 of the Children, Youth and Families Act 2005 a new Part 5.1A which contains provisions relating to time limits for filing charges; applications for an extension of time for the commencement of proceedings; extensions of time; and rehearings. The new section 344A requires a proceeding against a child for a summary offence to be commenced within 6 months of the offence. This reduces the limitation period from the current 12 months. The new section provides for 2 exceptions—
where the Court extends the time (see new section 344C); or
where the child, after receiving legal advice, gives written consent, and a member of the police force of or above the rank of sergeant consents, to the proceeding being commenced after the expiry of 6 months (see new section 344A).
With respect to indictable offences, new subsection (2) allows a proceeding against a child to be commenced at any time, except where otherwise provided by or under this or any other Act. This reflects the current position in relation to indictable offences. New subsections (3) to (6) provide that the Court must be satisfied that the child obtained legal advice before giving consent to extend the time limit for the commencement of a proceeding for a summary offence. If the Court is not so satisfied it must adjourn the hearing so that the child can obtain legal advice and advise the child that, after obtaining legal advice, he or she may withdraw his consent to the late commencement of the proceeding. If the child does so, the Court must strike out the charge. New section 344B sets out the requirements for applications for extensions of time by an informant. Only one application may be made, and it must be made within 12 months after the date on which the summary offence is alleged to have been committed. New section 344B(5) sets how an application must be supported. The applicant must file in the Court and serve specified documents on the child at least 14 days before the hearing of the application. New section 344C allows the court, on hearing an application under section 344B, to extend the period for commencing the proceeding to a date within 12 months after the date on which the summary offence is alleged to have been committed. In determining the application, the Court must have regard to a number of listed factors. The child may appear and address the Court but, if the child does not appear, the Court may proceed to hear and determine the application in the child's absence. In cases where the Court extends the period for commencing the proceeding, the informant must file the charge-sheet without delay, at which time the Court may hear and determine the charge, provided that the child is present before the Court and ready to proceed. If the child is not present before the Court, the informant must serve the child with notice of the Court's determination. New section 344D provides that, if an application under section 344B is heard and determined in the absence of the child, the child may apply to the Court for an order that the determination be set aside and that the application be reheard. The remaining subsections set out the formal requirements for such applications.