Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 344A

    (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

S. 344A(1)(b) amended by No. 37/2014 s. 10(Sch. item 18.12).

        (b)     the child, after receiving legal advice, gives written consent, and a police officer 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

S. 344A(4)(b) amended by No. 61/2014 s. 79(a).

        (b)     advise the child and, if present, a parent or person with parental responsibility for 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)—

        (a)     a child; or

S. 344A(5)(b) amended by No. 61/2014 s. 79(b).

        (b)     if the child is under the age of 15 years and is not legally represented, a parent or person with parental responsibility for the child—

may withdraw the consent given under subsection (1)(b).

    (6)     If the child withdraws consent under subsection (5), the Court must strike out the charge.

S. 344A(7) amended by No. 61/2014 s. 79(c).

    (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 person with parental responsibility for the child to attend.

Note to s. 344A inserted by No. 18/2010 s. 45, amended by No. 64/2010 s. 54.

Note

Section 53 of the Infringements Act 2006 and Part 4 of Schedule 3 to this Act also provide for the extension of the period in which a proceeding may be commenced in respect of an offence for which an infringement notice was issued.

S. 344B inserted by No. 7/2009 s. 429 (as amended by No. 68/2009 ss 47, 54(o)).