CRIMES (APPEAL AND REVIEW) ACT 2001

New South Wales Consolidated Acts

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CRIMES (APPEAL AND REVIEW) ACT 2001

- As at 1 July 2008
- 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 or sentence
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 or sentence
17. Appeals against sentence to be by way of rehearing of evidence
18. Appeals against conviction to be by way of rehearing on the transcripts of 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 transcripts of 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
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 - Applications to DNA Review Panel

89. Previously convicted persons eligible to apply for review of conviction under this Division
90. Establishment of DNA Review Panel
91. Functions and powers of DNA Review Panel
92. Applications to DNA Review Panel
93. Refusal or deferral of consideration
94. Referral of matter to Court of Criminal Appeal
95. Notification and secrecy provisions
96. Duty of police and other State officers to retain biological material evidence relating to eligible convicted persons
97. Sunset provision

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. Bail
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 1978 to prevail
117A. Proceedings for offences
118. Regulations
119. Savings, transitional and other provisions
120. Review of Act
SCHEDULE 1
SCHEDULE 2

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