New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 4

4 Applications to Local Court

(1) An application for annulment of a conviction or sentence made or imposed by the Local Court may be made to the Local Court sitting at the place at which the original Local Court proceedings were held:

(a) by the defendant, or

(b) by the prosecutor,

but may be made by the defendant only if the defendant was not in appearance before the Local Court when the conviction or sentence was made or imposed.

(2) An application under this section must be made:

(a) within 2 years after the relevant conviction or sentence is made or imposed, or

(b) if an application has been made to the Minister under section 5 within that 2-year period, within 2 years after the application under section 5 has been disposed of under this Part.

(3) Except by leave of the Local Court, a person may not make more than one application under this section in relation to the same matter.

(4) An application must be in writing, and must be lodged with a registrar of the Local Court.