New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 38

38 Senior Public Defender may intervene

(1) The Senior Public Defender, or a nominee of the Senior Public Defender who is an Australian legal practitioner, may appear in guideline proceedings.

(2) Without limiting subsection (1), the Senior Public Defender or his or her nominee may do any one or more of the following--

(a) oppose or support the giving of the guideline judgment by the Court,

(b) make submissions with respect to the framing of the guidelines,

(c) inform the Court of any relevant pending appeal with respect to sentence,

(d) assist the Court with respect to any relevant matter.

(3) Nothing in the Public Defenders Act 1995 or any other Act or law prevents, or in any way limits, the exercise of any function conferred on the Senior Public Defender, or on any nominee of the Senior Public Defender who is a Public Defender, under this section.

(4) Without limiting subsection (3), in exercising any function conferred on the Senior Public Defender under this section, the Senior Public Defender is not, despite section 4 (3) of the Public Defenders Act 1995 , responsible to the Attorney General.

(5) The Legal Aid Commission may make recommendations to the Senior Public Defender as to the exercise of any function conferred or imposed on the Senior Public Defender, or on any nominee of the Senior Public Defender, under this section.