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In a juvenile case, from when until when is the running of the limitation period for prosecution suspended, and how is time outside that period treated?

General information · Not legal advice

Material to check

In this practice material we read the decision to open the hearing and note the date it was made, then the decision on the protective disposition and the record showing when it became final, because the suspension turns only on those two events and on nothing else.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading follows the provision of the Juvenile Act as written: the limitation period on prosecution stops running from the time a decision to open the hearing was made, and it stays stopped only until the decision on the protective disposition has become final, so time elapsed before the hearing-open decision was made and time after finality continues to count as usual.

Another reading notes that the provision fixes the making of the hearing-open decision as the start, with no mention of when it was served or notified to anyone, and speaks only of finality of the protective disposition decision, so it does not settle what follows when that decision is later revised or reversed, or when more than one hearing-open decision is made in the same case.

Your judgment

If the file contains two decisions to open a hearing and a protective disposition decision that was later revised, which period, if any, suspends the running of the limitation period?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We revisit this card if the provision is amended to start the suspension from service or notification of the hearing-open decision, or if a court decision decides what happens when a protective disposition decision is revised after becoming final.

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