New South Wales Consolidated Acts

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CRIMES (APPEAL AND REVIEW) ACT 2001

- As at 5 May 2016
- Act 120 of 2001

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - LOCAL COURT REVIEW OF LOCAL COURT DECISIONS

   4.      Applications to Local Court
   5.      Applications to Minister
   6.      Notice of applications
   7.      Procedure for dealing with applications
   8.      Circumstances in which applications to be granted
   9.      Procedure after decision on application
   10.     Effect of annulment of conviction or sentence
   10A.    Part applies to findings of guilt

   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 on good behaviour bonds of confirmation of sentence
   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

   74.     Definitions
   75.     Exercise of Supreme Court’s jurisdiction

           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

   98.     Definitions

           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

   107.    Directed jury acquittals or acquittals in trials without juries
   108.    Appeals not affecting existing acquittal

           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
   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
           SCHEDULE 1
           Schedule 2 (Repealed)


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