New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 22

22 Powers of a judge sitting alone

(1) The following powers of the court may be exercised by any judge of the court in the same manner as they may be exercised by the court, and subject to the same provisions:

(a) the power to give leave to appeal,

(b) the power to extend the time within which notice of intention to appeal is to be given (or any time within which the appeal is to be made),

(c) the power to extend the time within which notice of intention to apply for leave to appeal is to be given (or any time within which the application is to be made),

(d) the power to allow the appellant to be present at any proceedings (in cases where the appellant is not entitled to be present without leave),

(e) the power to order the production of any document, exhibit or other thing concerned with proceedings,

(f) the power to order any person who would have been a compellable witness at the trial to attend and be examined before the court,

(g) the power to order any such person to be examined,

(h) the power to admit any deposition taken as evidence,

(h1) in the case of the hearing of an application under Division 2 of Part 8 of the Crimes (Appeal and Review) Act 2001 , the power to conduct any part of the hearing as directed by the court,

(i) the power to dispose of an appeal for failure to prosecute the appeal diligently,

(j) the power to order that time spent by an appellant in custody is not to count towards the sentence imposed when an appeal, or an application for leave to appeal, is abandoned,

(k) the power to dismiss an appeal as incompetent.

(2) If the judge refuses an application on the part of the appellant to exercise any such power in the appellant’s favour, the appellant is entitled to have the application determined by the court.