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 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
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
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
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