76Failure to complete case conference obligations

#### 76 Failure to complete case conference obligations 76 Failure to complete case conference obligations > > (1) This section applies where the Judge is satisfied that a case conference certificate has not been filed by the day set by the Judge. > > > (2) If a Judge 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 Judge 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 Judge 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 Judge 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 Judge 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). > > **s 76:** Ins 2001 No 119, Sch 1 \[43\]. Am 2006 No 107, Sch 1.11 \[7\]. Subst 2007 No 6, Sch 1 \[1\]. Am 2008 No 74, Sch 2 \[1\]; 2009 No 56, Sch 3.3 \[1\]; 2014 No 83, Sch 1 \[3\]. Subst 2017 No 55, Sch 1 \[3\]. Am 2019 No 10, Sch 1.9 \[5\]; 2025 No 61, Sch 2.31\[9\]. > > **s 76A:** Ins 2014 No 83, Sch 1 \[4\]. Rep 2017 No 55, Sch 1 \[3\].