New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 75

75 Contents of case conference certificate

(1) The case conference certificate is to be in the form prescribed by the regulations and is to certify as to the following matters--

(a) the offence or offences with which the accused person had been charged before the case conference and which the prosecution had specified in the charge certificate as offences that will be proceeding or are the subject of a certificate under section 166,

(b) any offers by the accused person to plead guilty to an offence specified in the charge certificate or to different offences,

(c) any offers by the prosecution to the accused person to accept guilty pleas to an offence specified in the charge certificate or to different offences,

(d) whether the accused person or prosecution has accepted or rejected any such offers,

(e) the offence or offences for which the prosecution will seek committal for trial or sentence,

(f) any back up or related offence or offences (within the meaning of section 165) that are proposed to be the subject of a certificate under section 166 (1) relating to charges against the accused person,

(g) if an offer made to or by the accused person to plead guilty to an offence has been accepted--details of the agreed facts on the basis of which the accused person is pleading guilty and details of the facts (if any) in dispute,

(h) any offences with which the accused person has been charged to which the accused person has offered to plead guilty and agreed to ask the court to take into account under section 33 of the Crimes (Sentencing Procedure) Act 1999 ,

(i) whether or not the prosecutor has notified the accused person of an intention to make a submission to the sentencing court that the discount for a guilty plea should not apply or should be reduced in relation to a particular offence with which the accused person is charged,

(j) any other matters prescribed by the regulations for the purposes of this section.

(2) A case conference certificate must also contain--

(a) a declaration by the legal representative of the accused person that the legal representative has explained to the accused person the matters specified in section 72 (2), and

(b) if the accused person does not intend to plead guilty to an offence, a declaration by the accused person that the legal representative has explained to the accused person the matters specified in section 72 (2).

(3) A failure by an accused person to make a declaration under this section does not affect the validity of anything done or omitted to be done by any other person in or for the purposes of the committal proceedings.

(4) A case conference certificate must certify as to all the matters of the kind referred to in subsection (1) that occur before the certificate is filed, including any written offers of a kind referred to in subsection (1) that were made by the accused person or the prosecutor, and served on the prosecutor or accused person, before or after any case conference was held.