New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 78

78 Case conference certificate and other evidence not admissible in other proceedings

(1) Case conference material is not admissible in any proceedings before a court, tribunal or body.

(2) However, a case conference certificate is not inadmissible in the following proceedings--

(a) in relevant sentencing proceedings in accordance with Part 3 of the Crimes (Sentencing Procedure) Act 1999 ,

(b) in relevant sentencing proceedings for an offence under Commonwealth law,

(c) in proceedings for an appeal against a sentence under the Criminal Appeal Act 1912 ,

(d) in proceedings for an appeal under the Crimes (Appeal and Review) Act 2001 on a question of law arising from an order made by a Magistrate in committal proceedings or an appeal under section 5 or Division 2 or 3 of Part 7 of that Act,

(e) in proceedings after committal for sentence relating to an application by the accused person to reverse the person's plea to not guilty,

(f) in proceedings brought by a designated local regulatory authority against a lawyer under section 300 of the Legal Profession Uniform Law (NSW) .

(3) Any part of a case conference certificate cannot be required to be produced under a subpoena or request issued in any proceedings before any court, tribunal or body (other than in proceedings referred to in subsection (2)).

(4) A sentencing court or a court determining an appeal against a sentence must refuse to admit evidence of any case conference certificate if any provisions of this Part with respect to the holding of the conference or the preparation of the certificate have not been complied with, unless it is satisfied that it is in the interests of justice to admit the evidence.

(5) In this section--

"case conference material" means--

(a) a case conference certificate, or

(b) evidence of anything said between the parties, or of any admission made, during a case conference, or

(c) evidence of anything said between the parties, or of any admission made, during negotiations after a case conference concerning a plea to be made by, or offers made to or by, an accused person.