New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 5

5 Proceedings for an offence

(1) In this Act,
"proceedings for an offence" means criminal proceedings against a person for an offence (whether summary or indictable), and includes the following--

(a) committal proceedings,

(b) proceedings relating to bail,

(c) proceedings relating to sentence,

(d) proceedings on an appeal against conviction or sentence,

(e) any other proceedings of a kind prescribed by the regulations.

(2)
"Proceedings on an appeal against conviction or sentence" include--

(a) proceedings on an application for annulment of a conviction or sentence made under section 4 or 5 of the Crimes (Appeal and Review) Act 2001 , and

(b) proceedings on an appeal against an order imposed by the Land and Environment Court on conviction for an offence.

(3) Proceedings for an offence are
"substantive" unless the proceedings are--

(a) proceedings relating to bail, or

(b) proceedings on an appeal against any interlocutory judgment or order given in proceedings, or

(c) proceedings declared to be non-substantive by the regulations.