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].