New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 69A

69A Releases on bail and custody of claimants seeking judicial review of conviction or sentence

(1) This section and section 69B apply to proceedings in the Court by a convicted person (
"the claimant" ) seeking judicial review in relation to a conviction or sentence for an offence.

(2) A claimant who is not released on bail must, pending the determination of the proceedings, be treated in such manner as may be directed by regulations made under the Crimes (Administration of Sentences) Act 1999 (which is referred to in this section as
"special treatment" ).

(3) The time during which a claimant is at liberty on bail (pending the determination of the proceedings for review) does not count as part of any term of imprisonment under the claimant's sentence.

(4) The time during which an appellant receives special treatment counts as part of any term of imprisonment under the claimant's sentence. However, if the Court is satisfied that the claim was unarguable or frivolous, the Court may order that the time in custody with special treatment does not count.

(6) Provision is to be made in regulations made under the Crimes (Administration of Sentences) Act 1999 for--

(a) the manner in which a claimant, when in custody, is to be brought to any place where the claimant is entitled to be present, or ordered to be taken, for the purposes of this Act, and

(b) the manner in which the appellant is to be kept in custody whilst absent from prison for the purpose.

(7) A claimant while in custody in accordance with those regulations is taken to be in legal custody.