New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 82

82 Action to be taken on completion of inquiry

(1) On completing an inquiry under this Division, the judicial officer must cause a report on the results of the inquiry (incorporating a transcript of the depositions given in the course of the inquiry) to be sent to--

(a) the Governor, in the case of an inquiry held on the direction of the Governor, or

(b) the Chief Justice, in the case of an inquiry held on the direction of the Supreme Court.

(2) The judicial officer may also refer the matter (together with a copy of the report) to the Court of Criminal Appeal--

(a) for consideration of the question of whether the conviction should be quashed (in any case in which the judicial officer is of the opinion that there is a reasonable doubt as to the guilt of the convicted person), or

(b) for review of the sentence imposed on the convicted person (in any case in which the judicial officer is of the opinion that there is a reasonable doubt as to any matter that may have affected the nature or severity of the sentence).

(3) After considering a report furnished to the Chief Justice under this section, the Supreme Court must cause its own report on the matter (together with a copy of the judicial officer's report) to be sent to the Governor.

(4) The Governor may then dispose of the matter in such manner as to the Governor appears just.