CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 8 Circumstances in which applications to be granted

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 8

8 Circumstances in which applications to be granted

(1) The Local Court must grant an application for annulment made by the prosecutor if it is satisfied that, having regard to the circumstances of the case, there is just cause for doing so.

(2) The Local Court must grant an application for annulment made by the defendant if it is satisfied--

(a) that the defendant was not aware of the original Local Court proceedings until after the proceedings were completed, or

(b) that the defendant was otherwise hindered by accident, illness, misadventure or other cause from taking action in relation to the original Local Court proceedings, or

(c) that, having regard to the circumstances of the case, it is in the interests of justice to do so.