dissenting:
I dissent.
Our Supreme Court has made no statement with regard to the issue of a juvenile’s rights under Pennsylvania Rules of Criminal Procedure 1100 (hereinafter Rule 1100). It has, however, affirmed a decision of our court on that issue without an opinion. In the absence of any view expressed by our Supreme Court, I believe a further discussion on the subject would be appropriate.
In Commonwealth v. Bell, 245 Pa.Super. 164, 369 A.2d 345 (1976), aff’d without opinion, 481 Pa. 229, 392 A.2d 691 (1978), President Judge Cercone stated by way of a dissenting opinion that Rule 1100 was not intended to begin to run when certification occurs. Rather, as our Supreme Court’s comment to Rule 1100 states:
“For the purpose of this rule only, it is intended that ‘complain’ also include special documents used in lieu of a complaint to initiate criminal proceedings in extraordinary circumstances.” Even if it is conceded that juvenile delinquency petitions are not “special documents in lieu of a complaint to initiate criminal proceedings in extraordinary *237circumstances,” when read in context with the rule, the comment nevertheless clearly indicates that the word “complaint” was used to designate the point when criminal proceedings were initiated by the filing of the delinquency petition in Juvenile Court, not by the certification of the case to adult court.
This view was also articulated by Mr. Justice Roberts who dissented to the affirmance of Commonwealth v. Bell, supra., where he directs our attention to Commonwealth v. Mitchell, 472 Pa. 553, 372 A.2d 826 (1977), which indicated that the 180 day period will commence to run when there is an act which institutes criminal proceedings. Under the Mitchell, supra., analysis, that act includes the moment at which a warrantless arrest is made. It appears to me entirely inconsistent to hold that juveniles will not be accorded the same treatment under Rule 1100. Thus, I would start the Rule 1100 period when the juvenile delinquency petition is filed.1
Alternatively, if we hold that juveniles are not included in Rule 1100’s protections pursuant to Pennsylvania Rule of Criminal Procedure 1(a), [hereinafter Rule 1(a)] we must determine whether the juvenile has been accorded due process within the scope provided adults. In re Gault, supra. The test by which the right to a speedy trial is gauged has been stated in State in Interest of H.M.T., 159 N.J.Super. 104, 387 A.2d 368 (1978), where the court said:
As a matter of federal constitutional imperative, the test of a vitiating delay has been articulated by Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). In determining whether a delay is reasonable in constitutional terms, the court is obligated to consider, balance and weigh four prescribed factors: the length of delay, *238the reasons for the delay, the prejudice resulting to defendant, and defendant’s assertion of the right.
Id. at 110, 387 A.2d at 371.
In the instant case, the appellee’s trial commenced 341 days after the delinquency petition was filed and 168 days after certification occurred. There is no apparent legitimizing explanation for the delay which exists in the record. Appellee was the subject of several proceedings but not until December 12, 1978 was a prima facie case found to exist against him. He was held in a detention center during this period of time and thus was readily accessible to the courts. Clearly, appellee was prejudiced by the delay. He was incarcerated in a detention center. Cf: United States v. Furey, 500 F.2d 338 (1974). Appellee asserted his right to a speedy trial. I would hold that completely separate from Rule 1100’s arbitrary 180 day limitation that appellee was denied his right to a speedy trial.
I also share the view of the court in Furey, supra., which stated:
As a matter of policy we see no reason why juvenile delinquency proceedings should be excluded from the plan. [Fed.R.Crim.Pro. 50(b) providing a 6 month limitation on commencement of trial] the same policies which precipitated the enactment of rules providing for prompt disposition of criminal proceedings are applicable whether the person charged is an adult or a juvenile.
I note that the application of the juvenile exception Rule 1(a) was rejected by our Supreme Court in a parallel situation in In re Geiger, 221 Pa.Super. 111, 288 A.2d 911 (1972), Rev’d, 454 Pa. 51, 309 A.2d 559 (1973).
Thus, because of the fundamental rights and compelling policy involved in this case, I can see no rational basis why the Supreme Court should require Rule 1100 be applied differently to adults than to juveniles. Commonwealth v. Walters, 250 Pa.Super. 446, 378 A.2d 1232 (1977). I would hold that the equal protection clause does mandate that Rule 1100’s 180 day period begin to run upon the filing of a delinquency petition.
. It is not even clear when and if a delinquency petition was filed in accordance with the procedures established in In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967). Sadler was taken into custody on July 6, 1978 and no proceeding formally noted charges against appellee without subsequent withdrawal until December 12, 1978.