CRIMINAL APPEAL ACT 1912 - SECT 22
Powers of a judge sitting alone
CRIMINAL APPEAL ACT 1912 - SECT 22
Powers of a judge sitting alone
22 Powers of a judge sitting alone
(1) The following powers of the court may be exercised by any Judge of the
Supreme Court designated by the Chief Justice 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,
(l) any other
powers of the court in respect of procedural or interlocutory matters as may
be prescribed by the rules of court.
(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.
