148Time limits for commencing a proceeding

148 Time limits for commencing a proceeding

(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 Children's Court extends the time for commencement of the proceeding under section 151; or

(b) after receiving legal advice, the child 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 Act 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, on the first appearance of the child before the Children's Court, the Court must be satisfied that the child obtained legal advice before giving consent under subsection (1)(b).

(4) If the Children's 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 of the child that, after obtaining legal advice, the child may withdraw the child's consent to the commencement of the proceeding.

(5) If the child is under 15 years of age, the Children's Court may adjourn any hearing referred to in this section, or a resumed hearing, to enable a parent of the child to attend.

Section 53 of the Infringements Act 2006 and Part 17.4 of 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.