New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 68

68 Failure to file charge certificate

(1) This section applies if the prosecutor fails to file and serve, or cause to be served, a charge certificate before--

(a) the day that is 6 months after the first return date for a court attendance notice in the committal proceedings, or

(b) any later day set by the Magistrate for doing those things.

(2) The Magistrate must--

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

(b) if the Magistrate thinks it appropriate in the circumstances of the case, adjourn the committal proceedings to a specified time and place.

(3) In determining what action to take, the Magistrate is to consider the interests of justice.

(4) If a warrant has been issued for the arrest of the accused person as a result of a failure to appear at the committal proceedings--

(a) a Magistrate is not required to take any action under this section until the accused person is brought before the Magistrate, and

(b) the period of 6 months specified in subsection (1) (a) is taken to be extended by the number of days between the issue of the warrant and the day the accused person is so brought before the Magistrate.

Note : The Magistrate may extend the time for filing a charge certificate at any time under section 67.