New South Wales Consolidated Acts
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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 39
Director of Public Prosecutions may intervene
39 Director of Public Prosecutions may intervene
(1) The Director of Public Prosecutions may appear in person or be represented
by an Australian legal practitioner in guideline proceedings.
(2) Without
limiting subsection (1), the Director of Public Prosecutions or his or her
representative may do any one or more of the following-- (a) oppose or support
the giving of the guideline judgment by the Court,
(b) make submissions with
respect to the framing of the guidelines,
(c) inform the Court of any
relevant pending appeal with respect to sentence,
(d) assist the Court with
respect to any relevant matter.
(3) Nothing in the Director of Public
Prosecutions Act 1986 , the Crown Prosecutors Act 1986 or any other Act or law
prevents, or in any way limits, the exercise of any function conferred on the
Director of Public Prosecutions, or on any representative of the Director who
is a Crown Prosecutor, under this section.
(4) Without limiting subsection
(3), in exercising any function conferred on the Director of Public
Prosecutions under this section, the Director is not, despite section 4 (3) of
the Director of Public Prosecutions Act 1986 , responsible to the Attorney
General.
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