New South Wales Consolidated Acts

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CRIMINAL APPEAL ACT 1912 - SECT 3

Constitution of court

3 Constitution of court

(1) The Supreme Court shall for the purposes of this Act be the Court of Criminal Appeal, and the court shall be constituted by such three or more judges of the Supreme Court as the Chief Justice may direct.
(1A) Without limiting subsection (1), the Chief Justice may (with the consent of the Chief Judge concerned) also direct that the Chief Judge of the Land and Environment Court or the Chief Judge of the District Court (or both) act as Judges of the Court of Criminal Appeal in relation to proceedings of that Court.
(1B) The following provisions apply to and in respect of a Chief Judge who acts as a Judge of the Court of Criminal Appeal in relation to proceedings pursuant to a direction given by the Chief Justice under subsection (1A):
(a) the Chief Judge is taken to be a Judge of the Supreme Court for the purposes of subsection (1),
(b) the Chief Judge has, while acting as a Judge of the Court of Criminal Appeal, all the powers, authorities, privileges and immunities of a Judge of the Supreme Court,
(c) the Chief Judge may attend the sittings of the Court of Criminal Appeal for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by the Court while the Chief Judge was acting as a Judge of the Court even if the Chief Judge is no longer acting as a Judge of the Court,
(d) the Chief Judge is not, while receiving remuneration as a Chief Judge, entitled to remuneration for acting as a Judge of the Court of Criminal Appeal,
(e) any service of the Chief Judge while acting as a Judge of the Court of Criminal Appeal is, for the purposes of the Act under which the Chief Judge was appointed and the Judges’ Pensions Act 1953 , taken to be service as the Chief Judge of the court concerned,
(f) nothing in this Act or any other law requires the Chief Judge to devote the whole of his or her time to the duties of acting as a Judge of the Court of Criminal Appeal.
(2) More than one sitting of the court may be held at the same time.



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