CRIMINAL PROCEDURE ACT 1986 - SECT 76
Failure to complete case conference obligations
CRIMINAL PROCEDURE ACT 1986 - SECT 76
Failure to complete case conference obligations
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).
