New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912

- As at 1 July 2024 
- Act 16 of 1912 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Definitions

   PART 2 - COURT OF CRIMINAL APPEAL

   3.      Constitution of court
   4.      Registrar and officers of court

   PART 3 - RIGHT OF APPEAL AND DETERMINATION OF APPEALS

   5.      Right of appeal in criminal cases
   5AA.    Appeal in criminal cases dealt with by courts in their summary jurisdictions
   5AB.    Appeal in criminal cases dealt with by Land and Environment Court in its summary jurisdiction
   5ABA.   (Repealed)
   5AC.    Appeal in criminal cases dealt with by Court of Coal Mines Regulation in its summary jurisdiction
   5AD.    Appeals as to related or back up summary offences in criminal cases dealt with by the Supreme Court or the District Court
   5AE.    Point of law stated during summary proceedings
   5AF.    Appeals by offenders against sentences imposed by the Drug Court
   5AG.    Appeal in criminal cases dealt with by Industrial Relations Commission in Court Session
   5A.     Point of law stated by judge
   5B.     Case stated from District Court
   5BA.    Case stated from Land and Environment Court
   5BB.    (Repealed)
   5C.     Appeal against quashing of an indictment
   5D.     Appeal by Crown against sentence
   5DA.    Appeal by Crown against reduced sentence for assistance to authorities
   5DB.    Appeals by Crown against sentences for related or back up summary offences in criminal cases dealt with by Supreme Court or District Court
   5DC.    Appeals by Crown against sentences imposed by Drug Court
   5E.     Appeal by any person pronounced an habitual criminal
   5F.     Appeal against interlocutory judgment or order
   5G.     Appeal against discharge of whole jury
   6.      Determination of appeals in ordinary cases
   6AA.    Appeal against sentence may be heard by 2 judges
   6A.     Powers of court in relation to certain convictions and sentences concerning mentally ill persons
   7.      Powers of court in special cases
   8.      Power of court to grant new trial
   8A.     Power of court to order committal proceedings to be continued in certain cases
   9.      Revesting and restitution of property

   PART 4 - PROCEDURE

   10.     Method and time for making appeal
   11.     Judge's notes and report to be furnished on appeal
   12.     Supplemental powers of the court
   13.     (Repealed)
   14.     Right of appellant to be present
   14A.    Crown appeals--absence of respondent
   15.     Appeals permitted in writing
   16.     Notice of appeals
   17.     Costs of appeal
   18.     Certain time to count as part of appellant's sentence
   19.     Duties of registrar with respect to notices of appeal
   20.     Documents, exhibits etc
   21.     Shorthand notes of trial
   21A.    Exercise of court's powers
   22.     Powers of a judge sitting alone
   22A.    Judgment of the court may be delivered by a single judge of the court
   23.     Writs of error abolished

   PART 5 - APPEALS FROM THE DECISIONS OF THE COURT

   24.     Postponing execution of order quashing conviction on Crown's application
   25.     Court may release on failure to prosecute appeal
   25A.    Certain time to count as part of appellant's sentence

   PART 6 - (Repealed)
   None

   PART 7 - MISCELLANEOUS

   27.     Prerogative of mercy preserved
   28.     Rules of court
   28A.    Operation of sections 18 and 25A
   29.     Bail Act 2013 to prevail
   30.     Savings and transitional provisions
           SCHEDULE 1