New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 74

74 Definitions

(1) In this Part--

"biological material" means human blood, semen, hair, saliva, skin tissue or other biological material from which DNA information may be obtained, whether the material separately identified or present in other material.

"conviction" includes--

(a) a verdict of the kind referred to in section 59(1)(c) or (d) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 , being a verdict that the accused person committed the offence charged or an offence available as an alternative to the offence charged, or

(b) a special verdict of act proven but not criminally responsible entered at a trial, or following a special hearing under that Act, if the defence of mental health impairment or cognitive impairment was not set up as a defence by the person for whom the verdict was entered.

"judicial officer" means a judicial officer (or former judicial officer) within the meaning of the Judicial Officers Act 1986 .

"previous review provisions" means the provisions of--

(a) Part 13A of the Crimes Act 1900 as in force before the repeal and transfer of those provisions to this Part by the Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2006 , or

(b) section 475 of the Crimes Act 1900 , or section 26 of the Criminal Appeal Act 1912 , as in force before the repeal of those sections by the Crimes Legislation (Review of Convictions) Amendment Act 1993 .

"sentence" includes a sentence or order imposed or made by any court following a conviction.

(2) In this Part, a reference to a review of, or an inquiry into, a conviction or sentence includes a reference to a review of, or an inquiry into, any aspect of the proceedings giving rise to the conviction or sentence.