Section 147 — Health and Safety at Work Act 2015: Extension of time if regulator needs longer to decide whether to bring prosecution

147 Extension of time if regulator needs longer to decide whether to bring prosecution (1) This section applies if the regulator considers that it will not be able to file a charging document by the end of the 12-month period specified in section 146(1)(a) . (2) The District Court may, on application by the regulator made before the end of the 12-month period specified in section 146(1)(a) , extend the time available for filing a charging document for a further period not exceeding 12 months from the date of expiry of the 12-month period specified in section 146(1)(a). (3) The court must not grant an extension under subsection (2) unless it is satisfied that— (a) the regulator reasonably requires longer than the 12-month period to decide whether to file a charging document; and (b) the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time consuming; and (c) it is in the public interest in the circumstances that a charging document is able to be filed after the 12-month period expires; and (d) filing the charging document after the 12-month period expires will not unfairly prejudice the proposed defendant in defending the charge. (4) The court must give the following persons an opportunity to be heard: (a) the regulator: (b) the proposed defendant: (c) any other person who has an interest in whether or not a charging document should be filed, being a person described in section 142(1) . Compare: 1992 No 96 s 54D