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CRIMES (APPEAL AND REVIEW) ACT 2001 - As at 19 March 2021 - Act 120 of 2001

- As at 19 March 2021 - Act 120 of 2001

Table of Provisions

PART 1 - PRELIMINARY

PART 2 - LOCAL COURT REVIEW OF LOCAL COURT DECISIONS

PART 3 - APPEALS FROM LOCAL COURT TO DISTRICT COURT

Division 1 - Appeals by defendants

Subdivision 1 - Making of appeals
  • 11 Appeals as of right
  • 11A Appeals as of right against Local Court's refusal of application for annulment of conviction
  • 12 Appeals requiring leave
  • 13 Late applications for leave to appeal
  • 14 Lodgment of appeals and applications for leave to appeal
  • 15 Documents to be forwarded to prosecutor and relevant court registrars
  • Subdivision 2 - Determination of appeals
  • 16 Determination of applications for leave to appeal
  • 16A Determination of appeals against Local Court's refusal of application for annulment of conviction
  • 17 Appeals against sentence to be by way of rehearing of evidence
  • 18 Appeals against conviction to be by way of rehearing on the evidence
  • 19 Circumstances in which evidence to be given in person
  • 20 Determination of appeals
  • 21 Notice of dismissal of appeal or application for leave to appeal
  • 22 Revocation of orders dismissing appeals and applications for leave to appeal

Division 2 - Appeals by prosecutors

Subdivision 1 - Making of appeals
  • 23 Appeals as of right
  • 24 Lodgment of appeals
  • 25 Documents to be forwarded to defendant and relevant court registrars
  • Subdivision 2 - Determination of appeals
  • 26 Appeals against sentence to be by way of rehearing of evidence
  • 27 Determination of appeals

Division 3 - Miscellaneous

  • 28 Miscellaneous powers
  • 29 Limits on appeals
  • 30 Rules of court

PART 4 - APPEALS FROM LOCAL COURT TO LAND AND ENVIRONMENT COURT

Division 1 - Appeals by defendants

Subdivision 1 - Making of appeals
  • 31 Appeals as of right
  • 32 Appeals requiring leave
  • 33 Late applications for leave to appeal
  • 34 Lodgment of appeals and applications for leave to appeal
  • 35 Documents to be forwarded to prosecutor and relevant court registrars
  • Subdivision 2 - Determination of appeals
  • 36 Determination of applications for leave to appeal
  • 37 Appeals to be by way of rehearing on the evidence
  • 38 Circumstances in which evidence to be given in person
  • 39 Determination of appeals
  • 40 Notice of dismissal of appeal or application for leave to appeal
  • 41 Revocation of orders dismissing appeals and applications for leave to appeal

Division 2 - Appeals by prosecutors

Subdivision 1 - Making of appeals
  • 42 Appeals as of right
  • 43 Appeals requiring leave
  • 44 Lodgment of appeals and applications for leave to appeal
  • 45 Documents to be forwarded to defendant and relevant court registrars
  • Subdivision 2 - Determination of appeals
  • 46 Determination of applications for leave to appeal
  • 47 Appeals against sentence to be by way of rehearing of evidence
  • 48 Determination of appeals

Division 3 - Miscellaneous

  • 49 Miscellaneous powers
  • 50 Limits on appeals
  • 51 Rules of court

PART 5 - APPEALS FROM LOCAL COURT TO SUPREME COURT

Division 1 - Appeals by defendants

Subdivision 1 - Making of appeals
  • 52 Appeals as of right
  • 53 Appeals requiring leave
  • Subdivision 2 - Determination of appeals
  • 54 Determination of applications for leave to appeal
  • 55 Determination of appeals

Division 2 - Appeals by prosecutors

Subdivision 1 - Making of appeals
  • 56 Appeals as of right
  • 57 Appeals requiring leave
  • Subdivision 2 - Determination of appeals
  • 58 Determination of applications for leave to appeal
  • 59 Determination of appeals

Division 3 - Miscellaneous

  • 60 Limits on appeals
  • 61 Rules of court

PART 6 - PROVISIONS COMMON TO ALL APPEALS

  • 62 Effect of defect in notice of appeal or application for leave to appeal
  • 63 Stay of execution of sentence pending determination of appeal
  • 64 Extension of appeal proceedings to other convictions and sentences
  • 65 Appeal not to succeed on narrow technical grounds
  • 66 Unavailability of original Magistrate
  • 67 Withdrawal of appeals and applications
  • 68 Court may confirm or vary conviction or sentence with effect from earlier day
  • 68A Double jeopardy not to be taken into account in prosecution appeals against sentence
  • 69 Effect of confirmation of sentence on good behaviour bonds, community correction orders and conditional release orders
  • 70 Limit on costs awarded against public prosecutor
  • 71 Variation of sentences of Local Court
  • 72 Orders for costs
  • 73 Evidence of setting aside of conviction or sentence

PART 7 - REVIEW OF CONVICTIONS AND SENTENCES

Division 1 - Preliminary

Division 2 - Petitions to Governor

  • 76 Petitions to Governor
  • 77 Consideration of petitions

Division 3 - Applications to Supreme Court

  • 78 Applications to Supreme Court
  • 79 Consideration of applications

Division 4 - Inquiries

  • 80 Inquiries
  • 81 Procedure for conducting inquiry
  • 82 Action to be taken on completion of inquiry

Division 5 - Court of Criminal Appeal

  • 83 Definitions
  • 84 Quashing of conviction following pardon
  • 85 Procedure on application for quashing of conviction
  • 86 Reference to Court under section 77 (1) (b) or 79 (1) (b) following petition to Governor or application to Supreme Court
  • 87 Request to Court under section 77 (1) (c) following petition to Governor
  • 88 Reference to Court under section 82 (2) following inquiry

Division 6 - DNA evidence

89-95. (Repealed)
  • 96 Duty of police officers and other officers to retain certain biological material evidence
  • 97 Information about and testing of retained biological material

PART 8 - ACQUITTALS

Division 1 - Preliminary

Division 2 - Retrial after acquittal for very serious offence

  • 99 Application of Division
  • 100 Court of Criminal Appeal may order retrial--fresh and compelling evidence
  • 101 Court of Criminal Appeal may order retrial--tainted acquittals
  • 102 Fresh and compelling evidence--meaning
  • 103 Tainted acquittals--meaning
  • 104 Interests of justice--matters for consideration
  • 105 Application for retrial--procedure
  • 106 Retrial

Division 3 - Appeals on questions of law

Division 4 - Miscellaneous

  • 109 Authorisation of police investigations
  • 110. (Repealed)
  • 111 Restrictions on publication
  • 112 Other appeal or review rights not affected

PART 9 - MISCELLANEOUS

  • 113 Applications and appeals in relation to children
  • 114 Prerogative of mercy preserved
  • 114A Information about mercy petitions
  • 115 Attorney General may exercise functions of Director of Public Prosecutions
  • 116 Act not to apply to Magistrate's ministerial functions
  • 117 Bail Act 2013 to prevail
  • 117A Proceedings for offences
  • 118 Regulations
  • 119 Savings, transitional and other provisions
  • 120 Review of Act

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