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Contents » Chapter 9 - REPEALS AND CONSEQUENTIAL AND OTHER AMENDMENTS PART 9.1—CRIMES (CRIMINAL TRIALS) ACT 1999
Clause 344A Time limits for filing a charge
(1)A proceeding against a child for a summary offence must be commenced within 6 months after the date on which the offence is alleged to have been committed except where—
(a)the Court extends the time for commencement of the proceeding under section 344C; or
(b)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 that period.
(2)A proceeding against a child for an indictable offence may be commenced at any time, except where otherwise provided by or under this or any other Act.
(3)If a proceeding for a summary offence is commenced against a child after the child has given consent under subsection (1)(b) in respect of the proceeding, the Court, on the first appearance of the child before the Court, must be satisfied that the child obtained legal advice before giving consent under subsection (1)(b).
(4)If the Court is not satisfied that the child obtained legal advice before giving consent under subsection (1)(b), it must—
(a)adjourn the hearing to enable the child to obtain that legal advice; and
(b)advise the child and, if present, a parent or guardian of the child that, after obtaining legal advice, the child may withdraw his or her consent to the commencement of the proceeding.
(5)After obtaining legal advice in the circumstances referred to in subsection (4)— may withdraw the consent given under subsection (1)(b).
(a)a child; or
(b)if the child is under the age of 15 years and is not legally represented, a parent or guardian of the child—
(6)If the child withdraws consent under subsection (5), the Court must strike out the charge.
(7)If the child is under the age of 15 years, the Court may adjourn any hearing referred to in this section, or a resumed hearing, to enable a parent or guardian of the child to attend.