New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL LEGISLATION AMENDMENT ACT 2001 - SCHEDULE 6

SCHEDULE 6 – Amendment of Criminal Appeal Act 1912

(Section 3)

[1] Section 7 Powers of court in special cases

Insert after section 7 (1):

(1A) If on an appeal against a sentence under section 5 (1), 5D, 5DA or 5DB, the court quashes or varies the sentence passed at trial on any count or part of the indictment, the court may quash or vary the sentence passed at the trial on any other count or part of the indictment and pass such sentence, whether more or less severe, in substitution for it as the court thinks proper, and as may be warranted in law by the conviction on that other count or part of the indictment.

[2] Section 9 Revesting and restitution of property

Omit section 9 (1) (a) and (b). Insert instead:

(a) until the expiration of the time provided by this Act for giving the court notice of intention to appeal or to apply for leave to appeal, and

(b) if the notice is given within that time, until the determination of the appeal or the refusal of the application (or until the expiration of any time prescribed by the rules of court for making the appeal or application after the giving of the notice),

[3] Section 10

Omit the section. Insert instead:

10 Method and time for making appeal

(1) The following provisions apply to an appeal, or application for leave to appeal, under this Act against a person's conviction or sentence:

(a) The person is required to give the court, in accordance with the rules of court, notice of intention to appeal, or notice of intention to apply for leave to appeal, within 28 days after the conviction or sentence.

(b) The court may, at any time, extend the time within which the notice under paragraph (a) is required to be given to the court.

(c) The appeal, or application for leave to appeal, is to be made in accordance with the rules of court, which may include:

(i) provision with respect to any statement of grounds of appeal, transcripts, exhibits or other documents or things to accompany the appeal or application, and

(ii) provision with respect to the timely institution and prosecution of the appeal or application, and

(iii) provision with respect to the period during which the notice under paragraph (a) has effect.

(2) For the purposes of any other Act or statutory instrument (whether enacted or made before or after the commencement of this subsection):

(a) the period provided for making or lodging an appeal or notice of appeal to the court against a conviction or sentence is taken to be the period for giving the court notice of intention to appeal or notice of intention to apply for leave to appeal, or

(b) an appeal against a conviction or sentence is taken to be pending in the court if notice of intention to appeal or apply for leave to appeal has been duly given to the court (unless the appeal or application has not been made within any time it is required to be made by the rules of court).

[4] Section 19 Duties of registrar with respect to notices of appeal

Omit section 19 (1). Insert instead:

(1) When an appeal or application for leave to appeal is duly made under this Act, the registrar must take all necessary steps for obtaining a hearing under this Act of the appeal or application.

(1A) The rules of court may make provision with respect to the transcripts, exhibits or other documents or things relating to the proceedings in the court of trial that are required for the determination of the appeal or application.

[5] Section 19 (2)

Omit "any notice of appeal against a conviction does".
Insert instead "the appeal papers relating to a conviction do".

[6] Section 19 (3)

Omit "notices of appeal or notices of application under this Act".
Insert instead "notices of intention to appeal or to make application under this Act".

[7] Section 21 Shorthand notes of trial

Omit "any notice of appeal or application for leave to appeal".
Insert instead "any notice of intention to appeal or to apply for leave to appeal".

[8] Section 22 Powers of a judge sitting alone

Omit section 22 (1) (b) and (c). Insert instead:

(b) the power to extend the time within which notice of intention to appeal is to be given (or any time within which the appeal is to be made),

(c) the power to extend the time within which notice of intention to apply for leave to appeal is to be given (or any time within which the application is to be made),

[9] Schedule 1 Savings and transitional provisions

Insert after clause 6:

7 Criminal Legislation Amendment Act 2001 An amendment made by the Criminal Legislation Amendment Act 2001 does not apply in respect of an appeal pending immediately before the commencement of that amendment.