New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 89

89 Previously convicted persons eligible to apply for review of conviction under this Division

(1) For the purposes of this Part, an "eligible convicted person" is a convicted person who is eligible in accordance with this section to make an application under this Division to the DNA Review Panel.

(2) A convicted person is eligible to make an application to the Panel if, and only if, the person’s claim of innocence may be affected by DNA information obtained from biological material specified in the application.

(3) A convicted person is not eligible to make an application to the Panel unless the person was convicted before 19 September 2006 and the conviction was for a relevant offence. A relevant offence is:

(a) an offence that is punishable by imprisonment for life or for a period of 20 years or more, or

(b) any other offence punishable by imprisonment in respect of which the Panel considers that there are special circumstances that warrant the application.

(4) In determining whether there are special circumstances that warrant an application under subsection (3) (b), the Panel is to have regard to the following matters and any other relevant matter:

(a) the nature and seriousness of the offence concerned,

(b) the length of any sentence currently being served by the applicant,

(c) whether the applicant has exhausted all avenues of appeal,

(d) the current workload of the Panel,

(e) the interests of justice.

(5) A convicted person is not eligible to make an application to the Panel unless the person:

(a) continues to be subject to the sentence imposed on conviction (whether the person is in custody or has been released on parole), or

(b) is subject to supervision or detention under the Crimes (Serious Sex Offenders) Act 2006 in connection with the offence for which the person was convicted.