Section 345B — Crimes Act 1961: Extension of time for filing indictment

345B Extension of time for filing indictment (1) If, upon application, it appears to a Trial Judge that it is in the interests of justice to extend the 42-day period referred to in section 345A of this Act for filing an indictment, he or she may order that the time be extended for such further period or periods as he or she thinks fit. (2) Without limiting the generality of subsection (1) of this section, in considering an application under this section, the Trial Judge may have regard to the following matters: (a) The number of offences which will or may be counts in the indictment: (b) The nature of the offence or offences which will or may be counts in the indictment: (c) The complexity of the issues likely to arise in the proceedings: (d) Whether the accused is charged jointly with any other person: (e) Whether further or ongoing inquiries are being conducted by or for the prosecution in relation to the subject-matter of the trial. (3) An application under this section may be made before or on or after the expiration of the period allowed for filing the indictment, and any period extended under this section may, in like manner, be further extended. (4) An application under this section shall, unless a Trial Judge otherwise directs,— (a) Be in writing; and (b) Include a statement of the reasons for seeking an extension; and (c) Specify the period for which the extension is sought; and (d) Give notice of intention (if any) to apply for an order under section 345C(1) of this Act. (5) An application under this section shall, unless a Trial Judge otherwise directs, be served by the prosecutor on the accused at least 4 working days before the date fixed for the hearing of the application,— (a) If the accused was represented by counsel at the preliminary hearing of the charge or charges, or is known by the prosecutor to be represented by counsel or a solicitor, by leaving a copy of the application at the office of the counsel or solicitor or sending a registered letter addressed to the counsel or solicitor at his or her office: (b) In any other case, by delivering a copy of the application personally to the accused or in such other manner as a Trial Judge may direct. (6) Any application under this section may be made to a Trial Judge when sitting in Court or in Chambers, and if the accused is represented by counsel, it is not necessary for the accused to be brought or appear before the Trial Judge on the hearing of the application. (7) A Registrar may exercise the power conferred by subsection (1) of this section if— (a) The period of extension sought does not exceed 1 month; and (b) The accused has consented to the extension, whether personally or by his or her counsel or solicitor. Sections 345A to 345D were inserted, as from 1 March 1996, by section 3 Crimes Amendment Act (No 2) 1995 (1995 No 68). See section 5 of that Act for the savings provision relating to indictments. See also clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1).