Criminal Appeal Act 1912 (NSW)

Criminal Appeal Act 1912 No 16

An Act to establish a court of criminal appeal; to amend the law relating to appeals in criminal cases; to provide for better consideration of petitions of convicted persons; to amend the Crimes Act 1900; to amend the Supreme Court Act of 1900; and for other purposes consequent thereon or incidental thereto.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Criminal Appeal Act 1912.

2 Definitions (1) In this Act, unless the context or subject-matter otherwise requires or indicates— Conviction includes the following— (a) a finding following an inquiry within the meaning of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 by a court that a person is unfit to be tried for an offence, (b) a finding of a court following a special hearing referred to in section 59(1)(c) or (d) of that Act. Court means the Court of Criminal Appeal established by this Act. Court of trial means any court from whose finding, sentence, order, or other determination, a person is by this Act entitled to appeal or to apply for leave to appeal. Indictment includes any information presented or filed as provided by law for the prosecution of offenders. Prescribed means prescribed by rules of court made under the authority of this Act. Registrar means the registrar of the court. Sentence means— (a) any order made by the court of trial on convicting a person of an offence, including— (i) any sentence of imprisonment (including any sentence of imprisonment the subject of an intensive correction order and any sentence of imprisonment whose execution is suspended), and (ii) any community correction order, conditional release order or community service order, and (iii) any good behaviour bond, and (iv) any fine, imposed under Part 2 of the Crimes (Sentencing Procedure) Act 1999, or (b) any order made by the court of trial in respect of a person under section 10 or 11 of the Crimes (Sentencing Procedure) Act 1999 on finding the person guilty of an offence, or (c) any order made by the court of trial in respect of a person under section 12 or 17A of the Crimes (Sentencing Procedure) Act 1999 on convicting the person of an offence, or (ca) any order made by the court of trial, after a person's conviction for an offence, revoking a good behaviour bond and any order made by the court of trial as a consequence of the revocation of the good behaviour bond, or (d) any order made by the court of trial imposing a limiting term of imprisonment on a person following a special hearing under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and any other order or penalty made or imposed by the court of trial in respect of a person following a special hearing under that Act, or (e) any order made by the court of trial in respect of a person following a special verdict of act proven but not criminally responsible, or (f) any direction for compensation made by the court of trial in respect of a person under section 94 (Directions for compensation for injury) or 97 (Directions for compensation for loss) of the Victims Rights and Support Act 2013, or (g) any order for restitution made by the court of trial in respect of a person under section 43 of the Criminal Procedure Act 1986, or (h) any order for the payment of costs made by the court of trial in respect of a person under Division 3 or 4 of Part 5 of Chapter 4 of the Criminal Procedure Act 1986, or (i) any child protection registration order made under section 3D of the Child Protection (Offenders Registration) Act 2000, or (j) (Repealed) and the power of the Court of Criminal Appeal to pass any such sentence includes power to make any such order or direction.