New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 85

85 Procedure on application for quashing of conviction

(1) In any proceedings on an application under section 84--

(a) the Crown has the right of appearance, and

(b) the Court is to consider--

(i) the report on the matter that is prepared by the judicial officer under section 82, and

(ii) any report on the matter that is prepared by the Supreme Court under section 82, and

(iii) any submissions on any such report that are made by the Crown or by the convicted person to whom the proceedings relate, and

(c) no other evidence is to be admitted or considered except with the leave of the Court.

(2) The rules governing the admissibility of evidence do not apply to any such proceedings.

(3) For the purpose of enabling the convicted person to make submissions with respect to a report referred to in subsection (1), the convicted person is entitled to receive a copy of the report.

(4) The provisions of Parts 3 and 4 of the Criminal Appeal Act 1912 relating to proceedings on an appeal under section 5 (1) of that Act apply to proceedings on an application under section 84, as if--

(a) any reference to an appeal were a reference to proceedings on such an application, and

(b) any reference to an appellant were a reference to the convicted person.