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Clause 344C Extension of time

(1)On the hearing of an application under section 344B, the Court may 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.

(2)In determining the application, the Court must have regard to—

(a)the age of the child; and

(b)the seriousness of the alleged offence and the circumstances in which it is alleged to have occurred; and

(c)whether the delay in commencing the proceeding was caused by factors beyond the control of the applicant; and

(d)the length of the delay; and

(e)any other matter that the Court considers relevant.

(3)The child is entitled to appear at the hearing of the application and address the Court but if the child does not appear, the Court may proceed to hear and determine the application in his or her absence.

(4)If the Court extends the period for commencing the proceeding, the informant must file the charge-sheet without delay.

(5)On the filing of the charge-sheet—

(a)if the child is present before the Court and ready to proceed, the Court may hear and determine the charge; or

(b)if the child is not present before the Court, the informant must serve, in accordance with section 594, on the child notice of the Court's determination.