New South Wales Repealed Acts

This legislation has been repealed.

SENTENCING ACT 1989 - SECT 41A

41A Application to Court of Criminal Appeal by State

(1) If:

(a) the Board refuses within 28 days after a request by the Attorney General or the Director of Public Prosecutions under section 34A to revoke a parole order in relation to a prisoner who is a serious offender, and

(b) the Attorney General or the Director of Public Prosecutions alleges that the order was made on information that was false, misleading or irrelevant,

the Attorney General or the Director of Public Prosecutions may, in accordance with rules of court, apply to the Court of Criminal Appeal for a direction to be given to the Board as to whether the information was false, misleading or irrelevant and the Court of Criminal Appeal may give such direction with respect to the information as it thinks fit.

(2) Subsections (2) and (3) of section 23A apply to an application under this section in the same way as they apply to an application under section 23A (1).