New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 76

76 Failure to complete case conference obligations

(1) This section applies where the Magistrate is satisfied that a case conference certificate has not been filed by the day set by the Magistrate.

(2) If a Magistrate is satisfied that the case conference certificate has not been filed because of an unreasonable failure by the prosecutor to participate in a case conference or to complete or file a case conference certificate, the Magistrate may--

(a) discharge the accused person as to any offence the subject of the committal proceedings, or

(b) adjourn the committal proceedings to a specified time and place.

(3) If a Magistrate is satisfied that the case conference certificate has not been filed because of an unreasonable failure by the legal representative of the accused person to participate in a case conference or complete a case conference certificate, the Magistrate may--

(a) commit the accused person for trial or sentence as if a case conference were not required to be held, or

(b) adjourn the committal proceedings to a specified time and place.

(4) In determining whether to take action under this section, the Magistrate is to consider the interests of justice.

(5) This section does not apply if the case conference certificate has not been filed in the circumstances set out in section 74(5).